S.RAFAT ALAM, J. - (1.) By means of this writ petition under Article 226 of the Constitution of India the petitioner, a deemed University under Section 3 of the University Grants Commission Act, (3 of 1965) has prayed for the following reliefs :(A) Issue a writ, direction or order in the nature of mandamus commanding the respondent No.2 to preserve the use of all the plots meant for the development of the petitioner institution and not to permit construction over the said plots and(B) to issue a writ of mandamus to stop and ultimately to remove the construction raised, in the plots 340, 341 and 348 and further restrain it from doing any act which constitutes breach of the Master Plan under the Notification dated 11-2-1992 in derogation of the rights created in favour of the petitioner under the Master Plan for the Dayalbagh Regulated Area reserved for the petitioner and further the Hon'ble Court may quash the plans wrongfully sanctioned by the A.D.A. by issuing a writ in the nature of certiorari.(C) to issue a writ of mandamus commanding the controlling authority of Dayalbagh Regulated Area to Act in accordance with law with the provision of U.P. RBO Act and to take steps to preserve the integrity of the Master Plan of the Dayalbagh Regulated Area.
(2.) The short question involved in this writ petition is as to whether the Plot Nos.340, 341 and 348 which are in dispute after its exclusion from the Dayalbagh Town Area continued to be part of Dayalbagh Regulated Area, hence governed by the Master Plan of Dayalbagh Development Area or after its exclusion from the Dayalbagh Town Area, it reverted back to Agra Regulated Area and, therefore, will be governed by its Master Plan, and further as to whether the petitioner has any legal right over the plots in question only on the basis of land use shown in the Master Plan as University.
(3.) It appears that the Dayalbagh Town Area was created vide Notification under Section 3 of the U.P. Town Area Act dated 29-10-1957 and a part of village Jaganpur was included in it. These three plots referred were also located within Jaganpur and was therefore included in the Dayalbagh Town Area. The State Government vide Notification dated 11-9-1974 (Annexure-9 of counter-affidavit of respondent No.6), constituted the Agra Development Area under the provisions of the U.P. Urban Development and Planning Act (for short the Act) comprising the area of Agra Nagar Mahapalika and its periphery of eight Kms. beyond the Nagar Mahapalika, but excluding Cantonment areas and land owned, requisitioned or taken on lease by the Central Government for the purpose of naval, military or air force authority. Since Dayalbagh Town Area and village Jaganpur was within the radius of eight kms. of the Nagar Mahapalika, it also fell within the area of Agra Development Area. The draft Master Plan of Agra Development Area was notified in October, 1974 and was finalised in July, 1975. However, on representation that the norms adopted for preparation of Agra Development Plan did not take into account the special features of Dayalbagh which is predominantly made to promote the religion of Radha Swami Satsang and, therefore, it was represented that the Dayalbagh Town Area may be excised out from Agra Development Area. In that view of the matter the State Government vide notification dated 29-4-1978 (Annexure-2), under Section 3 of the Urban Planning Act, modified its earlier Notification dated 11-9-1974 and re-defined the area falling under the Agra Development Area. By the aforesaid Notification, Cantonment Areas, Dayalbagh Town Area and land requisitioned or taken on lease by the Central Government for the purpose of any naval, military or air, force authority were excluded from the limits of Agra Regulated Area. The effect of the aforesaid Notification was that the Dayalbagh Town Area was taken out from the purview of Agra Development Area. The State Government further vide Notification dated 12-9-1978 (Annexure-4 to the writ petition), under sub-section (1) of Section 3 of the Uttar Pradesh (Regulation of Building Operations) Act, declared Dayalbagh Town Area as Regulated Area which comprises the area falling within the Dayalbagh Town Area.;