Court No. - 32
Case :- WRIT - C No. - 11579 of 2018 Petitioner :- Naseem Bano Respondent :- State Of U.P. And 4 Ors.
Counsel for Petitioner :- Bhawani Prasad Shukla Counsel for Respondent :- C.S.C.,Satish Chaturvedi
Hon'ble Krishna Murari,J. Hon'ble Ajay Bhanot,J.
Supplementary affidavit filed by the petitioner is taken on record.
Heard learned counsel for the petitioner and Sri Satish Chaturvedi, learned counsel for respondents no. 3 to 5.
Petitioner has approached this Court seeking a writ of certiorari to quash the notification dated 08.03.2018 published in the newspaper dated 10.3.2018 and the consequential e-tender notice dated 08.03.2018 issued by the Chief Engineer, Moradabad Development Authority inviting tenders for raising construction of EWS houses on plot no. 357 area 2.11 acres (hereinafter referred to as the 'plot in dispute') situate in village Shapur Tigari, district Moradabad.
Brief facts relevant for the purposes of the case are as under :
Plot in dispute was exempted from the operation of Urban Ceiling vide order dated 11.7.2016 passed by the Competent Authority. Once it was exempted the present petitioner purchased the same from the erstwhile tenure holder by means of a registered conveyance deed dated 01.4.2017. The name of the petitioner came to be recorded in the revenue records on the strength of the said conveyance deed. On an application made by the Moradabad Development Authority that the order dated 11.7.2016 was passed ex-parte without any notice or opportunity to the Authority, the same was recalled vide order dated 22.7.2017. The said order was put to challenge by the present petitioner by filing Civil Misc. Writ Petition No. 55536 of 2017. A Division Bench of this Court, after hearing learned counsel for the petitioner and the Moradabad Development Authority, finding that that the order dated 22.7.2017 was passed ex-parte without issuing any notice and opportunity of hearing to the petitioner vide judgement and order dated 06.12.2017 quashed the same. It may be relevant to quote the operative portion of the said judgement which reads as under :
"In the light of the aforesaid, we are of the opinion that the impugned order, which has been passed by the competent authority is in violation of the principles of natural justice. The same cannot be sustained and consequently, the impugned order is quashed at the admission stage itself.
The writ petition is allowed. It would be open to the competent authority to pass a fresh order in accordance with law after hearing all the parties concerned."
Grievance of the petitioner is that even though the proceedings in pursuance of the order dated 06.12.2017 passed by this Court are still pending before the Competent Authority (Urban Ceiling) and the issue as to whether the order dated 11.7.2016 is liable to be sustained or not is yet to be decided, the Moradabad Development Authority has issued an advertisement inviting tender for raising construction of EWS colony on the plot in dispute.
Learned counsel for the petitioner submits that the action of the Moradabad Development Authority in proceeding to invite tender for construction on the plot in dispute without there being any final decision in pursuance of the order dated 06.12.2017 passed by this Court whether the land falls within the ambit of Urban Ceiling or not is clearly contemptuous.
Sri Satish Chaturvedi, learned counsel for the Moradabad Development Authority has tried to defend the action of the Moradabad Development Authority.
However, we are convinced that the Moradabad Development Authority before proceeding to invite the tender ought to have awaited the decision of the proceedings pending before the Competent Authority (Urban Ceiling) inasmuch as it is clear that in case the land is exempted from the Urban Ceiling the Development Authority would have no right, title or interest over the same and the petitioner would acquire the title on the basis of conveyance deed executed by the erstwhile tenure holder.
In such circumstances, no useful purpose would be served by keeping this petition pending and calling for a counter affidavit. Interest of justice would stand served by commanding the Moradabad Development Authority not to proceed, in any manner, with the construction work whatsoever over the plot in dispute till a final decision is taken by the Competent Authority (Urban Ceiling).
Considering the facts and circumstances of the case, we dispose of the writ petition by providing that the Moradabad Development Authority may proceed with the process of e-tendering but strict status-quo in respect of nature and possession over the plot in dispute (plot no. 357 area 2.11 acres) as of date shall be maintained by both the parties till a final decision is taken by the Competent Authority (Urban Ceiling) in respect of exemption of the land from urban ceiling.
We have no reason to doubt that the proceeding pending before the Competent Authority (Urban Ceiling), Moradabad shall be disposed of expeditiously and both the parties shall co-operate in expeditious disposal of the same.
Order Date :- 30.3.2018 nd