- (1.) When the matter was taken up through Video Conferencing, Sri Dhruv Mathur, Sri Ritwick Rai and Ms.Devanshi Singh, learned counsel for the petitioner, Sri H.P. Srivastava, learned counsel for the respondent no.1-State and Sri Ratnesh Chandra, learned counsel for the respondent nos. 2 and 3 appeared.
(2.) By this writ petition under Article 226 of the Constitution of India, the petitioner is praying for issuance of writ of mandamus directing the respondents to proceed with the conversion of the leasehold rights to freehold rights in respect of the property situated at Purwa Imam Baksh Mohalla Hasanganj Par, Lucknow (now Ward Nishatganj, Mohalla Baba Ka Purwa) admeasuring 75,000 sq. mts. in favour of the petitioner in accordance with the directions/order dated 17.05.2019 passed in writ petition no. 12081 of 2009 (M/B) and also direct the respondent nos. 2 and 3 to issue a Demand Letter to the petitioner forthwith, in furtherance of such conversion process, seeking deposit of the remaining 75% amount as per the valuation rates as applicable on the date of passing of order i.e. dated 20.05.2009, after duly adjusting the amount of INR 6,46,87,500/- (which already stands deposited by the petitioner with the respondents on 22.03.2007).
(3.) Brief facts of the case are that on 27.01.2007, original lessee, M/s Upper India Couper Paper Mills Co. Ltd. through its Managing Director, executed a registered Deed of Assignment of leasehold rights and sale of construction in respect of the property comprising 1,11,482.72 sq. mtrs. for valuable consideration being a part of the aforesaid Nazul Land which was the subject matter of the registered Lease Deed dated 2.5.1944 executed in favour of Upper India Couper Paper Mills Company Ltd. situated in Purwa Imam Baksh Mohalla Hasanganj Par, Lucknow and delivered possession to the petitioner. The name of the petitioner was duly mutated in the records maintained by the Nazul Department as conveyed by the Lucknow Development Authority vide letter dated 19.2.2007 by accepting the division. Thereafter, the petitioner submitted building plans for constructing the buildings in the aforesaid property acquired by them on 22.02.2007 and on 22.03.2007 applied for conversion of its leasehold rights into freehold in respect of 75,000 st. mtrs. of leasehold land under self-assessment scheme and deposited a sum of Rs.6,46,87,500/- in the shape of demand draft dated 22.03.2007 with the Nazul Officer, Lucknow Development Authority, Lucknow with an undertaking that within a period of 90 days from the date of issuance of demand letter by the Nazul Department, the petitioner shall deposit the balance amount. On 29.03.2007, Technical Committee of Lucknow Development Authority approved the petitioner's Building Plan.;