Court No. - 4
Case :- WRIT - C No. - 39131 of 2019 Petitioner :- Rajmati Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Manvendra Nath Singh,Pramod Kumar Singh Counsel for Respondent :- C.S.C.,Pranjal Mehrotra Hon'ble Bala Krishna Narayana,J. Hon'ble Rohit Ranjan Agarwal,J.
Heard Sri V.K.Singh, learned Senior Advocate assisted by Sri Manvendra Nath Singh and Sri Pramod Kumar Singh, learned counsel for the petitioner, learned Standing Counsel for respondent no.1 and Sri Pranjal Mehrotra, learned counsel for respondent nos.2, 3 and 4.
Present petition has been filed seeking a writ of certiorari for quashing auction notice dated 11.11.2019 issued by Joint Housing Commissioner, U.P. Awas Evam Vikas Parishad as well as the auction proceeding scheduled to be held on 3.12.2019 in respect of Plot No.90/2, situate in Village Mahadev Jharkhandi, Tehsil Sadar, District Gorakhpur and issuance of a writ of mandamus commanding respondents not to compel petitioner to execute sale deed of 60% area of the plot in dispute.
Facts in brief are that, petitioner Rajmati Devi is Bhumidhar/owner in possession of Plot No.90/2, Village Mayhadev Jharkhandi, Tehsil Sadar, District Gorakhpur. Her name is recorded in revenue record. The plot in dispute measuring 0.31 acre was acquired by Awas Vikas Parishad. According to petitioner, neither compensation has been paid nor possession has been taken over by respondent. It is stated that some shops have been constructed over the land acquired and due to non-payment of compensation, a compromise was entered between petitioner and respondent Avas Vikas Parishad in the year 1999.
As the compromise was not acted upon by the parties, petitioner approached this Court through Writ Petition No.69861 of 2005, which was disposed of on 16.12.2010 with a direction to respondents to decide representation of petitioner within two months. Representation of petitioner was decided on 30.12.2011, pursuant to which petitioner complied all conditions and deposited Rs.15,57,505/- in the account of Avas Vikas Parishad.
According to petitioner, in spite of fulfilling all conditions, when no heed was paid, he filed another Writ Petition No.69961 of 2013, in which this Court on 19.12.2013 directed the authority concerned to communicate exact amount of compounding fee payable by petitioner, who shall deposit the same within six weeks from the date of communication. It was further observed that, in case compounding fee is deposited by petitioner, land shall be released in terms of order dated 30.6.2001.
On 18.4.2018 a correspondence was made from office of respondent Avas Vikas to the effect that 60% of land in dispute has been released in favour of petitioner, but the same, till date has not been corrected in revenue records and is still be shown in the name of Avas Vikas Parishad, though petitioner is in actual physical possession. It is further averred that petitioner deposited compounding fee of Rs.11,50,000/- for the shop constructed over a part of land in dispute.
Senior Counsel appearing on behalf of petitioner submitted that respondent no.3 on 11.11.2019 had issued an order for e-auction of 40% of land in dispute to be held on 3.12.2019, while no demarcation of land in dispute on spot has been made and without partitioning the land in dispute no auction can be held.
Per contra, Sri Pranjal Mehrotra, learned counsel appearing on behalf of Avas Vikas Parishad submitted that e-auction notice dated 11.11.2019 is in regard to various non-residential property of the Parishad, which is going to be auctioned on 3.12.2019 and statement made by petitioner that his property is being auctioned, is not correct. It was also contended on behalf of Avas Vikas Parishad that in case petitioner has any grievance in regard to his property, the same can be settled by the Parishad and entire proceedings may not be halted at the instance of petitioner.
We have heard learned counsel for parties and perused the material on record.
From the pleadings, it appears, that some compromise was arrived between petitioner and Avas Vikas Parishad in the year 1999/2001. Acting upon which, petitioner had made certain deposits with Avas Vikas Parishad. It is also not in dispute that certain constructions in the form of shops are standing over the land in dispute for which upon direction by this Court in the year 2013 certain deposits had been made by petitioner towards compounding charges. As there is factual dispute involved in regard to compromise made between parties as well as certain payments made by petitioner, we, therefore, direct respondent nos.3 and 4 to look into grievance of petitioner and only after demarcation of land, auction in regard to plot in question be carried out by Avas Vikas Parishad. However, it is made clear that we have not stayed e-auction notice dated 11.11.2019 in regard to other properties for which auction is to be held on 3.12.2019 by U.P. Avas Vikas Parishad in the State except Plot No.90/2, Village Mahadev Jharkhandi, Tehsil Sadar, District Gorakhpur.
With the aforesaid direction, writ petition stands disposed of.
Order Date :- 29.11.2019 AKJ