Manohar Lal (D) By Lrs vs Ugrasen(D) By Lrs.& Ors

Manohar Lal (D) by Lrs. .... Petitioner

Versus

Ugrasen (D) by Lrs. & Ors. .... Respondents

J U D G M E N T

Dr. B.S. CHAUHAN, J.

1. The review petition has been filed against the judgment and

order dated 3.6.2010 passed by this Court in Civil Appeal No. 973 of

2007. This Court has disposed of the said civil appeal by a detailed

judgment in Manohar Lal (Dead) by Lrs. v. Ugrasen (Dead) by Lrs.

& Ors., AIR 2010 SC 2210.

2. While deciding the appeal this Court proceeded on the following

facts:

A. Land belonging to the predecessor-in-interest of the applicants,

(hereinafter called `Shri Manohar Lal'), alongwith a huge area of land

belonging to a very large number of persons, stood notified under

Section 4 of Land Acquisition Act, 1894 (hereinafter called as `Act ')

on 13.8.1962. Declarations under Section 6 of the Act in respect of the

same were made on 24.5.1965 and 13.1.1969 alongwith Notification

under Section 17(1) of the Act invoking the urgency clause.

Possession of the lands was taken in pursuance thereof and award was

made under Section 11 of the Act on 11.5.1970, so far as the land of

Shri Manohar Lal was concerned.

B. The Government of Uttar Pradesh had framed the land policy

dated 30/31.7.1963 to the effect that person aggrieved shall be allotted

the developed land in residential area to the extent of 40% of the area

of the land acquired provided the applicant fulfils the other conditions,

namely, apply in writing within a period of one month from the date of

acquisition; deposit the amount of compensation so received, if any,

and other development charges within a period of one month after the

allotment.

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C. Shri Manohar Lal claimed to have filed an application on

22.6.1969. Land was allotted to him in year 1975, which was not

accepted by him. The allottee did not comply with any of the terms of

allotment rather asked to cancel the allotment and allot him the land of

his choice at another place. Shri Manohar Lal was allotted the land

vide order dated 27.12.1979 as per the direction of the Hon'ble Chief

Minister in the commercial area.

2. This Court quashed the said allotment dated 27.12.1979 on

grounds, inter-alia, that Shri Manohar Lal did not deposit the amount

required under the Scheme within the stipulated period, when he was

allotted the land by Ghaziabad Development Authority (hereinafter

called as `Authority'), rather he had been asking another land of his

choice, and therefore, the earlier allotment was cancelled. He kept

quite for years together and, subsequently, approached the Hon'ble

Chief Minister of the State of Uttar Pradesh who was not a competent

Authority under the Act, therefore, the order of allotment made by him

was not enforceable. The land allotted to Shri Manohar Lal was in

commercial area and not meant for residential use, which was contrary

to the terms of land Policy.

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3. The review application has been filed primarily on the ground

that certain affidavits were filed by the Authority during the hearing of

the appeal and the applicants did not have sufficient opportunity to

rebut the same or under the prevailing circumstances, could not file the

reply in rebuttal and some relevant documents were also not made part

of the record. In view thereof, this Court vide orders dated 26.8.2010

and 29.10.2010, directed the parties to produce the allotment letter in

favour of Shri Manohar Lal issued in year 1975 and the letter of non-

acceptance by him, and further to furnish information as how many

persons whose land were acquired in pursuance of the same

Notification under Section 4 of the Act were granted the benefit of the

land Scheme.

4. Both the parties submitted their affidavits in response to the

aforesaid orders. The applicants have submitted that they were not in

possession of the letter of allotment made by the Authority in favour of

Shri Manohar Lal in year 1975 or his letter of refusal of acceptance of

the same. However, they have submitted that the allotment of the land

was made vide letter dated 22.12.1975 in favour of Shri Manohar Lal

which was very far away from his land, which had been acquired.

Thus, he declined to accept the offer and, subsequently, he was not

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allotted the land. Thus, he approached the Hon'ble Chief Minister for

justice.

5. On the other hand, the Authority produced orders to show that

Shri Manohar Lal was allotted land vide letter dated 22.12.1975,

however, he did not deposit any amount as required under the said

allotment letter. Shri Manohar Lal vide letter dated 21.1.1976 refused

to accept the said allotment rather asked for cancellation of the same.

He approached the Hon'ble Chief Minister of Uttar Pradesh and got the

letter of allotment of land directly in commercial area, which was not

permissible under the Scheme. There is a letter dated 12.5.1978 on

record to the effect that the change of land sought by Shri Manohar Lal

vide application dated 3.5.1978 was not possible and, thus, he should

deposit the development charges etc., within a period of 15 days, and in

case of failure, it would be presumed that he was no more interested in

allotment of land and the offer so made would stand cancelled.

6. The letter dated 22.12.1975 reveals that Shri Manohar Lal was

allotted the land measuring 6568.29 sq.mtrs., and for that the estimated

development cost was Rs.2,50,448.90 which was subjected to variation

and he was asked to deposit 20 per cent of the development charges

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amounting to Rs. 50089.78 through bank draft within a period of one

month and deposit the remaining amount in eight equal instalments.

7. Letter dated 21.1.1976 sent by Shri Manohar Lal in response of

the letter of allotment dated 22.12.1975 reveals that the land so offered

was not acceptable to him as he wanted the land of his choice in plot

nos. 1 to 44, L-Block, Sector 3, Nehru Nagar. Thus, he asked the

Authority to cancel the allotment dated 22.12.1975 and allot him the

aforesaid land of his choice. It appears that Shri Manohar Lal had been

pursuing his demand of alternative land without ensuring compliance

of the terms incorporated in the allotment letter dated 22.12.1975.

However, while considering his application for allotment of other land,

the Authority vide letter dated 25.1.1978 made allotment of alternative

land in Nehru Nagar (West) having equal area and vide said letter he

was asked to complete the other formalities for execution of the

agreement after depositing the due amount within a period of one

month from the said date. However, the allotment made by the

Authority vide letter dated 25.1.1978 was also not acceptable to him.

Shri Manohar Lal made an application dated 3.5.1978 to allot him the

land of his choice, which stood rejected by the Authority vide order

dated 12.5.1978.

6 8. After expiry of more than a year, Shri Manohar Lal approached

the State Government stating that his land had been acquired in year

1969 for residential use and he had not been allotted the land under the

land Policy. Thus, justice be done to him. While considering his

representation, the Secretary, Urban Development, vide letter dated

14.6.1979 asked the Authority as to why the land had not been made

available to Shri Manohar Lal. After seeking clarification, Hon'ble the

Chief Minister issued directions to the Authority to make the allotment

of land in plot nos. 1 to 44 as sought by Shri Manohar Lal,

immediately. In pursuance thereof, letter dated 12.11.1979 was issued

by the Deputy Secretary, State Government, Housing Section to the

Authority to make the allotment of plot nos. 1 to 44, L- Block, Sector -

3, Nehru Nagar and, in pursuance thereof, the allotment was made to

him.

9. The matter came under litigation when opposite party Shri

Ugrasen raised certain objections in respect of land allotted to Shri

Manohar Lal. In spite of the matter pending in the High Court,

wherein the interim order directing the Authority not to allot the said

land in favour of anybody had been passed, lease deed dated 28.3.1989

was executed by the Authority in favour of Shri Manohar Lal.

7 10. It is in this backdrop, we have to examine as to whether the

judgment and order sought to be reviewed, requires reconsideration.

11. Though a large number of persons had been displaced but it

appears that only 3-4 families had been allotted the land in pursuance

of the land Policy including Shri Manohar Lal and his brothers and the

admitted facts remained that in spite of the allotment of the land in his

favour under the land Policy on 22.12.1975, Shri Manohar Lal did not

deposit any amount, rather vide application dated 21.1.1976 asked for

allotment of another land cancelling the said allotment. Fresh allotment

was made vide letter dated 25.1.1978 which was also not acceptable to

him and he did not deposit any amount or made any attempt to get the

lease deed executed rather approached the Hon'ble Chief Minister,

who was not the competent Authority under the law for allotment of

the land.

12. The land Policy did not provide the allotment of land of the

choice of the tenure-holder. It was not permissible for any Authority to

make the allotment in commercial area, as allotment could be made

only in residential area. Shri Manohar Lal - applicant did not comply

with the allotment letters dated 25.12.1975 or 25.1.1978 rather he had

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been making attempts to get the land of his choice in commercial area

and, consequently, succeeded by getting a patently and latently illegal

allotment by the blessings of the then Hon'ble Chief Minister who had

no competence to make allotment of land under the law.

13. We do not find any force in the submission made by Shri Jayant

Bhushan, learned counsel for applicants, that a person who does not get

relief from the Statutory Authority, has a right to make representation

before the Government; as in the instant case, Government of Uttar

Pradesh was a revisional Authority which could entertain the revision

against the order of appellate Authority. In an appropriate case, the

Court may issue appropriate directions to redress the grievance of

person aggrieved but even the court cannot direct a person to decide the

representation unless the person so directed is a Competent Authority

under the Statute, for the reason that the authority may grant relief,

which otherwise the authority has no competence to grant taking

shelter under the order of the court. Even authority may grant

undeserving relief in pursuance of order passed by the court though the

case may be undeserving or time barred and under the bonafide

impression that the Authority was bound to grant the relief. Authority

may also grant the relief while deciding the representation on account

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of collusion/connivance between persons making the representation

and the authority deciding the representation. (Vide: A.P.S.R.T.C. &

Ors. v. G. Srinivas Reddy & Ors., AIR 2006 SC 1465; and

Employees State Insurance Corporation v. All India ITDC

Employees Union & Ors., (2006) 4 SCC 257).

14. The Hon'ble Chief Minister passed the allotment letter himself

mentioning the plot numbers of the land, as it was the Authority

himself which is impermissible in law. The Chief Minister could not

take upon himself task of the authority. It tantamounts to transgression/

usurpation of competence. While deciding a representation/petition, an

authority or court may issue direction to the person concerned to

consider the grievance. However, it is not permissible to pass the order

by the superior authority/court itself. (Vide: G. Veerappa Pillai v.

Raman and Raman Ltd., AIR 1952 SC 192; Life Insurance

Corporation of India v. Mrs. Asha Ramchandra Ambekar & Anr.,

AIR 1994 SC 2148; and H.P. Public Service Commission v. Mukesh

Thakur & Anr., AIR 2010 SC 2620).

10 In view the above, we do not find any good ground to entertain

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the review application. It is, accordingly, dismissed.

................................J.

(Dr. B.S. CHAUHAN)

................................J.

New Delhi, (SWATANTER KUMAR)

August 24, 2011

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