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4. Meerut Development Authority (for short `MDA') has been constituted as an Authority called as the Development Authority by the U.P. State Government under Section 3 of the Uttar Pardesh Urban Planning and Development Act, 1973. The said Act, has been enacted to provide for development of certain areas of Uttar Pardesh according to plan and for matters ancillary thereto. The main object and reasons for the enactment was to tackle resolutely the problems of town planning and urban development in the State of Uttar Pardesh.

FACTUAL MATTERS :

5. On 12.05.2000, MDA allotted a plot of land admeasuring 20,000 sq.mts. situated in Pocket `O' Ganga Nagar Residential Scheme at the rate of Rs.560/- per sq.m. to AMS for construction of buildings meant to be utilised for educational purposes. The reserved price has been fixed in terms of G.O. dated 19.04.1996 which provides that plots for educational institutions/engineering colleges shall be sold at 50% of the sector rate. The AMS has requested to allot an additional land of 20,000 sq mts. and 37,000 sq. mts. in Ganga Nagar Residential Scheme for establishment of engineering college and other degree colleges, e.g. masters' course such as MBA, MCA etc. It is noteworthy that the land use of the above mentioned land in the Meerut Master Plan 2001 has been shown as `Residential medium Density'. The MDA having considered the request and other relevant factors resolved to invite tenders from interested persons to allot the land admeasuring 20,000 sq.mts. and another extent of land admeasuring 37,000 sq. mts. located in the said residential scheme available to be utilised for educational use. The reserved price has been fixed at Rs.690/- per sq.m. for 20,000 sq.mts. and for the remaining extent of 37,000 sq. mts. of land at Rs.500/- per sq.m.; both being 50% of sector rate. 

     "The Chairman,                        Dated 04.3.2002
     Meerut Developmetn Authority,
     MEERUT.

Subject :- ALLOTMENT OF LAND AT GANGA NAGAR.


     Hon'ble Sir,


          Following   facts   are     submitted     for   your
     honour's kind consideration:-

1. That M.D.A. on 19.9.2001 floated a tender for allotment of two pieces of land measuring 37,000 and 20,000 sqm bulk scale for Technical Institute after getting the approval of rates from Board viz Rs.500/- and 690/- respectively.

33. It was lastly contended on behalf of the AMS the relief in the present case needs to be moulded with two aspects in mind: (a) Public interest & (b) Equity. Reliance has been placed by the learned senior counsel for the AMS on the findings of the High Court in this regard. The High Court recorded the findings including that AMS is performing public service by providing higher education, has established different technical institutes by constructing huge buildings on adjoining plots in which Engineering, Computer Science, Business Administration are already running; as 6,000 students are studying; facilities for students such as hostel, library, parking, open space etc. are required; the sandwiched location of the plot between pre-existing educational campuses would make housing use of the plot detrimental to the interest of the students as well as the prospective residents. The High Court also found that MDA has not pleaded or proved such surplusage of educational need or such acute shortage of accommodation in Meerut that even the disputed plot cannot be spared.