Allahabad High Court
Suresh Chand And 3 Others vs State Of U.P. And 6 Others on 31 July, 2023
Author: Mahesh Chandra Tripathi
Bench: Mahesh Chandra Tripathi
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Neutral Citation No. - 2023:AHC:153544-DB Court No. - 40 Case :- WRIT - C No. - 20573 of 2021 Petitioner :- Suresh Chand and 3 Others Respondent :- State Of U.P. and 6 Others Counsel for Petitioner :- Ashish Kumar Singh Counsel for Respondent :- C.S.C. Hon'ble Mahesh Chandra Tripathi,J.
Hon'ble Prashant Kumar,J.
1. Heard Sri Navin Sinha, learned Senior Advocate assisted by Sri Ashish Kumar Singh, learned counsel for the petitioners; Sri F.A. Ansari, learned Standing Counsel for the State respondents and Sri Aditya Bhushan Singhal and Sri Kaushalendra Nath Singh, learned counsel for the respondent authority.
2. By means of present writ petition, the petitioners have prayed for following reliefs:-
"a. Issue a writ, order or direction in the nature of certiorari to quash and set aside resolution dated 30.09.2020 to the extent of direction issued in Point No.30B (iii) and order dated 01.10.2020 passed by respondent no.3 District Magistrate, Gautam Budh Nagar (Annexure No.1).
b. Issue a writ, order or direction in the nature of mandamus commanding the respondents authorities/Registrar, Gautam Budh Nagar not to cause any hindrance in registration of sale deed for want of NOC as mentioned in resolution dated 30.09.2020 Point No.30B (iii) and the register the same only in accordance with the provisions contained under the Registration Act, 1908 and rules framed thereunder."
3. The petitioner no.1 claims to be the owner of Plot No.75-M situated in Village Chhaprauli Bangar, Tehsil Dadari, District Gautam Budh Nagar and the petitioner no.2 is owner of various plots of land situated in Village Chakbasantpur (Dadari). The petitioner nos.3 and 4 are stated to be owners of their agricultural land situated in Village Tilwara, District Gautam Budh Nagar, which they have purchased from its previous tenure holder Shri Haria, son of Tunda by sale deed dated 10.07.2014 and their names have been recorded in the revenue record. All the petitioners intend to sell their agricultural land to the prospective purchasers in order to meet out their expenses but they are unable to transfer their land to the third party on account of the impugned resolution/decision on Point No.30-B (iii) taken by the respondents on 30.09.2020 in exercise of the powers under U.P. Industrial Area Development Act, 1976 and Sections 25 & 34 of the National Disaster Management Act, 2005, whereby direction has been given not to register the sale deeds of the land/agricultural land lying within the territorial jurisdiction of the notified area namely NOIDA and Greater NOIDA without NOC. In compliance of the aforesaid decision, the Additional District Magistrate (Finance & Revenue) Gautam Budh Nagar has passed the impugned order dated 01.10.2020 placing restriction upon registration of the sale deed.
4. The matter was taken up on 17.05.2023 and on the said date the Court had proceeded to pass following order:-
"3. In compliance of the aforesaid order dated 01.5.2023, a short-counter affidavit has been filed by Principal Secretary (Stamp and Registration), Government of U.P. Lucknow (respondent No.1) on 17.5.2023 indicating therein that the minutes/resolution dated 30.9.2020 and the order dated 01.10.2020 were not passed by the respondent No.1. The same were passed by respondent Nos. 3, 5 and 7 and therefore, detailed counter affidavits are required to be filed on behalf of respondent Nos. 3, 5 and 7 to present their case and defend the impugned minutes/resolution dated 30.9.2020. It is also indicated that the respondent No.1 is not directly connected with the matter. The District Disaster Management Authority, Gautambudh Nagar had passed a resolution in its meeting dated 30.9.2020 wherein, the restrictions were imposed on the registration of deeds under sub-para (i) and (iii) of Para (B) under Point No.30 and the aforesaid point of the minutes dated 30.9.2020 was implemented by the Office Memorandum dated 01.10.2020 passed by the Additional District Magistrate (Finance & Revenue), Gautambudh Nagar.
4. It is also averred in the short counter affidavit that sub-para (i) and (iii) of Para (B) of Point No.30 in the minutes/resolution dated 30.9.2020 was cancelled by the State Government vide Government Orders dated 06.12.2021 and 07.12.2021 and the Government Orders dated 6.12.2021 and 7.12.2021 were amended by Government Order dated 05.1.2022. By virtue of Section 38(1) read with Section 2(5) of the National Disaster Management Act, 2005, the Department of Revenue is competent authority to establish coordination between SDMA, DDMA and other departments of State Government and therefore, after due consideration of the relevant provisions of the N.D.M.A. Act, the respondent No.1 has withdrawn the previous Government Order dated 6th and 7th December, 2021 and 5th January, 2022 and referred the matter to the Additional Chief Secretary for further direction to the D.D.M.A., Gautambudh Nagar on 12.5.2023.
5. In this backdrop, Sri Vineet Pandey, learned Chief Standing Counsel states that vide letter dated 12.5.2023, the matter has already been referred to the Additional Chief Secretary for further direction to the D.D.M.A., Gautambudh Nagar and therefore, some further time may be accorded to him to apprise the Court about all such proceedings on the next date fixed.
6. We have occasion to peruse the order dated 01.5.2023 and find that while passing the order dated 01.5.2023, we had directed to the Principal Secretary (Stamp and Registration), Government of U.P., Lucknow; the Principal Secretary, Industrial Development, U.P. Lucknow and Principal Secretary, Housing and Urban Development, U.P. Lucknow to file their affidavits on or before the next date. However, in spite of the due communication to the said order, for the reasons best known to them, they have not filed any affidavit till date.
7. Prima facie, we are of the considered opinion that the order dated 01.5.2023 has been deliberately flouted by the aforesaid respondents and even, a request letter for adjournment of the case has not been sent to the learned Chief Standing Counsel, who is appearing on their behalf.
8. Let a show-cause notice be issued to Principal Secretary, Industrial Development, U.P. Lucknow as well as Principal Secretary, Housing and Urban Development, U.P. Lucknow asking them to explain as to under what circumstances, the order dated 01.5.2023 is being flouted, despite the same was duly communicated to them.
9. The Principal Secretary, Industrial Development, U.P. Lucknow and the Principal Secretary, Housing and Urban Development, U.P. Lucknow are directed to file their personal affidavit positively on or before the next date of listing, failing which, both the authorities shall remain present personally before this Court on the said date.
10. List this case peremptorily on 25.5.2023 in top of the list."
5. In response of the order dated 17.05.2023, learned Standing Counsel has filed short counter affidavit on behalf of respondent no.1, Principal Secretary, Stamp & Registration, Government of U.P., Lucknow on 15.05.2023 indicating therein that District Disaster Management Authority, Gautambudh Nagar had passed a resolution on 30.09.2020 by which restrictions were imposed on the registration of deeds under sub-para (I) and (III) of Para (B) under Point No.30 and the aforesaid point of the minutes dated 30.09.2020 was implemented by the Office Memorandum dated 01.10.2020 passed by the Additional District Magistrate (F/R), Gautambudh Nagar. Subsequently, sub-para (I) and (III) of Para (B) of Point No.30 in the Minutes/Resolution dated 30.09.2023 were cancelled by the State Government vide Government orders dated 06.12.2021 and 07.12.2021. The aforesaid Government orders dated 6th and 7th December, 2021 were amended by Government Order dated 05.01.2022. In para-7 of the short counter affidavit, it is averred that by the virtue of Section 38 (1) read with Section 2 (5) of National Disaster Management Act, 2005 the State Government (Department of Revenue) is alone the competent authority to establish coordination between SDMA, DDMA and other departments of State Government and therefore, after due consideration of the relevant provisions of the NDMA Act, the respondent no.1 has withdrawn the previous Government orders dated 6th & 7th December, 2021 and 5th January, 2022 and referred the matter to the Additional Chief Secretary for further direction to DDMA Gautambudh Nagar vide letter dated 12.05.2023.
6. Sri Navin Sinha, learned Senior Advocate appearing for the petitioners in this backdrop precisely submits that response is to be filed by the Principal Secretary, Revenue, Government of Uttar Pradesh, who is necessary party in the matter.
7. Sri F.A. Ansari, learned Standing Counsel fairly states that the matter is assigned to learned Chief Standing Counsel and some breathing time may be accorded so that the order passed today may be complied with.
8. Considering the facts and circumstances, we direct the Principal Secretary, Revenue, Government of Uttar Pradesh to file response in the matter on or before the next date fixed in the matter.
9. List this matter on 16.08.2023 at 2 PM in top ten of the cases.
10. Let a copy of the order be given to Sri F.A. Ansari, learned Standing Counsel within 48 hours for compliance.
Order Date :- 31.7.2023 Rama Kant