- (1.) Leave granted in all the special leave petitions.
(2.) In the appeals the judgment and order dated 25.9.2013 passed by the High Court of Allahabad, Bench at Lucknow, has been questioned by Maharaji Educational Trust (for short 'the Trust'), U.P. Avas Evam Vikas Parishad (for short 'Avas Evam Vikas Parishad') and Housing and Urban Development Corporation (hereinafter referred to as 'HUDCO') whereby the High Court has directed the Avas Evam Vikas Parishad to demarcate 42.45 acres of the mortgaged land and 21 acres as unencumbered land out of total area of 63.45 acres in writ petition filed by SGS Construction & Development (P) Ltd. (for short 'Builder').
(3.) The factual matrix indicate that the Trust has taken a loan from HUDCO. The outstanding figure at present is stated to be approximately Rs.433 crores. There was default in making the payment. The Trust had mortgaged the immovable properties mentioned from serial Nos.1 to 5 and also the property at serial No.6 which is in question in the present matter in an area of 63.45 acres of vacant land situated at village Akbarpur, village Behrampur and village Mirzapur, Pargana-Loni, Tehsil and District Ghaziabad. Out of the property mentioned at serial No.6 which was mortgaged with HUDCO, the Trust had exchanged the land in area 21 acres from Avas Evam Vikas Parishad vide Exchange Deed dated 4.5.2007. Thereafter, the Trust had also deposited the deed of exchange of the said land with HUDCO on 27.7.2011.;