Allahabad High Court
Hiramani And 2 Others vs State Of U P And Another on 11 January, 2023
Bench: Sunita Agarwal, Vipin Chandra Dixit
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 39 Case :- WRIT - C No. - 29934 of 2022 Petitioner :- Hiramani And 2 Others Respondent :- State Of U P And Another Counsel for Petitioner :- Ramesh Chandra Shukla Counsel for Respondent :- CSC,Arun Kumar,Pawan Kumar Singh Hon'ble Mrs. Sunita Agarwal,J.
Hon'ble Vipin Chandra Dixit,J.
Heard learned counsel for the parties and perused the record.
The present petition has been filed with the main prayer in the writ petition:-
"Issue a writ of certiorari quashing the notification dated 25.06.2022 so far as it relates to plot no.888 mi area 1390 sq. metres situated at Shantipuram, Phapamau, Prayagraj".
A categorical stand has been taken by the petitioners that plot No.888 which has been included in a scheme known as Shantipuram Awas Yojna, Phaphamau, Prayagraj by the Prayagraj Development Authority is a Banjar land belonging to the then Gram Sabha, Phaphamau and with the constitution of the Nagar Nigam, Prayagraj, the land has now been vested with the Nagar Nigam, Prayagraj. In any case, Prayagraj Development Authority can have no right, title or interest over the land namely plot No.888. The residential scheme framed by the Prayagraj Development Authority including plot No.888, Mauza Tehsil Soraon, District Prayagraj is illegal, in as much as, the said plot is now allotted in the name of various private persons. In the garb of taking possession of the then Banjar land in plot No.888, the Prayagraj Development Authority is trying to acquire the land of private persons, without adopting due process of law.
On a query made by the petitioner, it transpired that the District Magistrate had submitted a proposal for resumption of plot No.888 under Section 117 (6) of the U.P.Z.A. & L.R. Act' 1950 in the year 2008 but there has been no resumption in favour of the Prayagraj Development Authority nor there was any transfer of the land in question to the said authority. Prayer has, thus, been made to quash the notification dated 25.06.2022 issued by the development authority for allotment of the plots carved out from the plot No.888, in the name of Shantipuram Awas Yojna, Phaphamau, Prayagraj.
In the short counter affidavit filed on behalf of Prayagraj Development Authority, it is submitted that the land of the then Gram Sabha, Phaphamau which fell within the scheme framed by the Prayagraj Development Authority known as Shantipuram Awas Yojna, Phaphamau, Prayagraj was proposed to be resumed by the State Government and the proposal was submitted by the District Magistrate on 31.03.2008 for resumption of the Gram Sabha land of an area of 68 Bigha 18 Biswa 15 Biswansi to the Commissioner, Prayagraj which included plot No.888. The total area of land under the said proposal was subsequently reduced to 43 Bigha 13 Biswa 8 Biswansi which still included plot No.888. The copies of the letter of the District Magistrate, Prayagraj dated 30.04.2009 and the proposal dated 31.03.2008 are appended with the short counter affidavit.
However, it is admitted fact of the matter that there is no resumption notification of the State Government on the said proposal and the land of the then Gram Sabha was never resumed by the State Government for its allotment to the Prayagraj Development Authority.
It is then stated in the short counter affidavit that the District Magistrate, Prayagraj has submitted a revised proposal for resumption of the land vested in the then Gram Sabha, Phaphamau by the letter dated 20.02.2018 wherein an area of 5.296 hectares which included plot No.888 (area 0.137 hectare) recorded as 'Banzar' to the Commissioner Prayagraj Division, Prayagraj, but there is no resumption pursuant to the said proposal. It is however, stated that the then Allahabad Development Authority (now Prayagraj Development Authority) had deposited an amount of Rs.4,74,98,042/- in the year 2008 for resumption of 65 Bigha, 1 Biswa and 14 Biswansi of the Gram Sabha land. The Vice Chairman, Prayagraj Development Authority further requested the concerned ministry to proceed with the resumption process. The notification in question, therefore, been issued by the Prayagraj Development Authority by including plot No.888 on the premise that the proposal submitted by the District Magistrate, Prayagraj would be given a favourable consideration by the State Government.
Be that as it may, from the stand taken by the Prayagraj Development Authority in the short counter affidavit, it is more than evident that plot No.888 which was vested in the then Gram Sabha, Phaphamau has never been resumed or transferred to the Prayagraj Development Authority. The deposits made by the Prayagraj Development Authority in contemplation of resumption of the Gram Sabha land in the year 2008 would not be a reason to give it liberty to deal with the land in question.
In any case, as on date, Prayagraj Development Authority has no right, title or interest in the land in question which is plot no.888 earlier recorded as Banzar, vested in the then Gram Sabha, Phaphamau, in absence of any resumption/acquisition/transfer in its favour.
We, therefore, find that the Prayagraj Development Authority has committed illegality in notifying the plots proposed to be carved out from plot No.888 by including in its scheme notified as Shantipuram Awas Yojna, Phaphamau, Prayagraj. The notification dated 25.06.2022 issued by the Prayagraj Development Authority is, thus, liable to be altered/modified by excluding plot No.888 area 1390 sq. mtrs. from its scheme known as Shantipuram Awas Yojna, Phaphamau, Prayagraj.
The notification dated 25.06.2022 so far as it relates to the plots carved out or proposed to be carved out from plot No.888 area 1390 sq. mtrs., included in Shantipuram Awas Yojna, Phaphamau, Prayagraj is hereby quashed.
Any auction made by the Prayagraj Development Authority pursuant to the said notification or any subsequent proceedings are also held to be bad in law.
The Prayagraj Development Authority is mandated to issue a public notice of this fact by a fresh notification of the scheme known as Shantipuram Awas Yojna, Phaphamau, Prayagraj, excluding plot No.888 area 1390 sq. mtrs.
The writ petition is, thus, allowed.
Order Date :- 11.1.2023 Himanshu