- (1.) By means of this writ petition, the petitioner has challenged the order dated 08.08.2013 passed by the Vice-Chairman, Ghaziabad Development Authority, Ghaziabad (for short 'GDA'), whereby, the permission granted to the petitioner vide orders dated 07.07.1983 and 20.03.2012 for running the banquet hall has been revoked and for a mandamus restraining GDA from interfering in the running of the banquet hall, by the petitioner, in the premises in dispute.
(2.) The petitioner is a proprietorship concern. By lease deed dated 27.07.1985, it was demised ground-floor of a commercial building in Chandra Nagar, Ghaziabad by GDA for a period of 99 years. According to clause III of the lease deed, the demised premised was to be used as per the land usage indicated in the Master Plan of GDA 1976-1992. Clause V provides that leasee shall abide by the provisions of U.P. Urban Planning And Development Act, 1973 (hereinafter referred to as the 'Act') and such rules, regulations or directions as are made or issued thereunder from time to time. The lease deed was followed by a lease-cum-sale deed dated 29.03.2005, whereby, the land measuring 850.89 sq. mts. was demised to the petitioner for a period of 90 years and the ground-floor left wing measuring covered area 850.89 sq. mts. (with regard to which the petitioner was already having lease-hold rights), was sold. Thereby, the petitioner became leasee of the land over which the commercial complex at Chandra Nagar, Ghaziabad exists and became owner of the super-structure comprising of ground-floor left wing measuring 850.89 sq. mts. It was specifically stipulated in the lease-cum-sale deed that though the petitioner shall have right to make improvements in the commercial space or addition thereto, but the demised land shall not be used for any kind of manufacturing process whatsoever nor will use the same for any purpose other than commercial activity, without the consent in writing of the authority.
(3.) The case of the petitioner in the writ petition is that since the year 2002, it has been running a banquet hall on the ground-floor of the building, with regard to which, later on, a sale deed was executed in it's favour on 29.03.2005. After sometime, certain objections were made to the running of the banquet hall and upon due deliberations, GDA came to the conclusion that running of banquet hall in the premises let out for commercial purposes is not inconsistent with the prescribed usage. Thus, the petitioner continued to run the banquet hall without any let or hindrance, but once again in the year 2002, proceedings were drawn against the petitioner under section 26(2) of the Act, on the ground that running of banquet hall is contrary to the prescribed land use. The case of the petitioner is that it led evidence to demonstrate that running of banquet hall is not contrary to the prescribed use and ultimately, vide order dated 20.03.2012, the Joint Secretary, GDA, after recording a categorical finding that running of banquet hall in commercial space is not contrary to the prescribed land use, not only dropped the proceedings, but passed an order permitting running of banquet hall subject to certain conditions. According to petitioner, it fulfilled all the conditions laid down in the order dated 20.03.2012 and is continuously using the ground-floor as a banquet hall.;