Markandey Katju, J. - (1.) THIS writ petition has been filed against the impugned order dated 19.1.2001 Annexure -10 to the writ petition and the order dated 27.7.2001 Annexure -11 to the writ petition. The petitioner has prayed that respondents No. 3, the District Magistrate, Varanasi be directed not to evict the petitioner from the property in dispute. It is alleged in paragraph 3 of the petition that the petitioner's father was the lessee of property No. S -17/317 - -B, Nadesar, Varanasi, in respect of which the Municipal Board, Varanasi executed a lease -deed on 17.7.1957 vide Annexure -1 to the writ petition. This lease was granted in favour of the petitioner's father for a period of 30 years and hence it was to expire on 29th March, 1987. The petitioner's father gave an application to the Administrator Nagar Mahapalika, Varanasi (Now Nagar Nigam) on 24.3.87 vide Annexure -2 to the writ petition praying for extension of the lease period for a period of 99 years, however, it is alleged that no action was taken on this application.
(2.) BY Notification dated 23.5.1992 issued by the State Government vide Annexure -3 to the writ petition the Nazul Policy of the State Government was declared. A perusal of the aforesaid Policy shows that is was decided by the State Government that the leases which had expired shall not be renewed, but it is open to the lessee for conversion of lease hold rights to free hold right. In pursuance of this Policy a communication dated 18.8.1997 was sent by the Varanasi Development Authority (VDA) vide Annexure -4 to the petition by a Government Order dated 3.10.94 the various rates of conversion of lease hold right to free hold right was specified. It is alleged in paragraph 14 of the petition that the petitioner's father died on 22.2.91 and the petitioner stepped into his shoes. The petitioner obtained succession certificate vide Annexure -6 to the writ petition and deposited Rs. 16,000/ - and a free hold lease was executed in his favour on 2.5.98 vide Annexure -7 to the writ petition. In paragraph 22 of the petition it is stated that subsequently by notice dated 21.3.2001 petitioner was informed that the land does not vest in the State of U.P. and hence the proceedings for cancellation of the deed dated 2.4.98 have been initiated and petitioner can file objection. Copy of the said notice is Annexure -8 to the writ petition. It is alleged that petitioner had invested substantial amount of money and he filed an objection dated 3.4.2001 vide Annexure -9 to the writ petition. The petitioner was given copy of the letter dated 19.1.2001 vide Annexure -10 to writ petition. Thereafter, the impugned order dated 27.7.2001 cancelling the free hold right was passed vide Annexure -11 to the writ petition. It is alleged that the impugned order is arbitrary and discriminatory and violative of Article 14 of the Constitution.
(3.) A counter -affidavit has been filed and we have perused the same. It is stated in paragraph 6 of the same that only management of the plots measuring 160 acres including the land in question was entrusted to the Municipal Board, Banaras (now known as Nagar Nigam Varanasi). The Commissioner, Banaras Division vide letter dated 11.5.1898 addressed to the Chairman, Municipal Board, Banaras informed that the area transferred will be considered intra -municipal Nazul of which the usufruct has been transferred to the Municipality. It was stated in that letter that 3/4 of the income of such Nazul land would go to the Municipality or District Board, and 1/4 income would go to the Provincial revenue. As such it is alleged that no title had been transferred by the Union of India in favour of Nagar Nigam, Varanasi. True copy of the letter dated 11.5.1998 is Annexure -CA -3 to the counter -affidavit. In this connection the report of the District Magistrate, Varanasi dated 14.5.1969 to the Deputy Secretary, Government of U.P. and covering letter are Annexure -CA -4 to the counter affidavit. Another report of the District Magistrate dated 22/24 May, 1971 and covering -letter dated 10.6.71 are Annexure -CA -5 to the counter -affidavit. This report acknowledges the ownership of the Government of India, Ministry of Defence, New Delhi over an area of 160 acres in Varanasi Cantonment. In paragraph 9 of the counter -affidavit it is stated that it came to the notice of the Cantonment Board, Varanasi that without the concurrence of the Central Government the State Government started converting the properties in question into free hold. The Defence Estate Officer, Allahabad sent a letter to the District Magistrate, Varanasi bringing to his notice that defence land in Nadesar area, Varanasi Cantonment is being sold and the sale transaction are being registered by the Sub -Registrar without making any reference to the Cantonment Board, Varanasi or Defence Estate Officer, Allahabad. He brought to the notice of the District Magistrate, Varanasi that no intimation about the same was received in his office. He requested the District Magistrate, Varanasi to instruct the Sub -Registrar to refuse registration of such transaction in order to safeguard the interest of the Government of India in the defence land, a true copy of the letter dated 17.11.1997 has been annexed as Annexure -CA -7 to the counter -affidavit.;