Judgment

D. P. WADHWA, J.

( 1 ) THESE appeals are directed against the judgment dated 23/08/1994 of a Division Bench of the High Court of Judicature at Allahabad, (Lucknow Bench ). By a common judgment in three writ petitions, High Court speaking through Shobha Dixit, J. held that the decision of the Lucknow Nagar Mahapalika (mahapalika for short), also now called Nagar Nigam or Corporation, permitting M. I. Builders Pvt. Ltd. (the appellant herein) to construct underground shopping complex in the Jhandewala Park (also known as Aminuddaula Park) situated at Aminabad Market, Lucknow, was illegal, arbitrary and unconstitutional. High Court set aside and quashed the relevant resolutions as of the Mahapalika permitting such construction and also the agreement dated 4/11/1993 entered into between the Mahapalika and the appellant for the purpose. Writ of mandamus was issued to the Mahapalika to restore back the park in its original position within a period of three months from the date of the judgment and till that was done, to take adequate safety measures and to provide necessary safeguard and protection to the public, users of the park. High Court had noticed that the fact that the park