- (1.) Challenge in these appeals is to the judgment rendered by a Division Bench of the Allahabad High Court, inter-alia, directing that the lease granted to the appellant in Civil Appeal No.6211 and Civil Appeal No. 159 of 2001 be cancelled. Certain other directions given are subject matter of challenge in the other appeal. All constructions made were also directed to be demolished.
(2.) A brief reference to the factual aspects would suffice:
(3.) A petition styled to be a "public interest litigation" was filed before the Allahabad High Court primarily making a grievance that the park known as the Company Bagh has ceased to be a park and illegal leases have been granted and constructions have been put up in alleged violation of the provisions of the Uttar Pradesh Parks, Playgrounds and Open Spaces (Preservation and Regulation) Act, 1975 (in short the 'Act'). The writ petition was disposed of with certain directions. The State Government field special leave petition before this Court questioning correctness of the order passed. The same was disposed of by order dated 9.4.1991 with the following order: "After hearing the parties for a considerable period of time, we think it will be just and fair to pass the following directions:- i) The High Court will drop the proceedings for contempt; ii) The High Court will hear all the parties and will try to solve the problem regarding the shifting of the stadium and other problems in a fitting manner after taking suggestions, if any, given by the parties as well as by the State Government as in our opinion, the High Court will be the fitting and proper authority to dispose of the matter in order to promote public interest; and (iii) The High Court will hear all the parties appearing before the Court.;