- (1.) The challenge in the present appeal by the State OF U.P. is to the order of the Allahabad High Court dated 30th March, 2006 by which directions have been issued to the effect that the conversion of Nazul Site Nos. 32-C, 139 and 139-B, Civil Station, Allahabad from leasehold to freehold in favour of the respondent in the present appeal (writ petitioner in the High Court) should be made in terms of the Government Order No. 1639(1)/9-AA-195-80-/86 dated 10th May, 1995.
(2.) The brief facts that will be required to be noticed are summarised hereunder: The respondent in the present appeal (writ petitioner) is the lessee of the aforesaid three plots situated in Civil Station, Allahabad. By Government Order dated 23rd May, 1992, a policy was formulated for conversion of leasehold rights of Nazul land into freehold in respect of residential lease on the basis of the circle rate as on 30th November, 1991. By subsequent G.O. No.3632 dated 2nd December, 1992, different rates were prescribed in respect of residential and commercial land for its conversion from leasehold to freehold. The rates of conversion were stipulated as 50% of the aforesaid circle rate for residential leases and 150% of the aforesaid circle rate for commercial leases.
(3.) In the year 1993, to be precise on 22nd May, 1993, the respondent filed three applications for conversion of the leasehold rights held by him in respect of aforesaid Nazul plots to freehold. Final demand notices were issued for all the three plots on 6th June, 1995. The respondent did not comply with the said demand. At about this time another G.O. dated 10th May, 1995 was issued by the State Government for conversion of leasehold rights into freehold of plots/buildings allotted under various schemes by U.P. Avas Evam Vikas Parishad and Development Authorities governed by the provisions of the U.P. Urban Planning and Development Act, 1973.;