JAGDISH BHALLA, J. - (1.) The main crux of the controversy, which is involved in the present writ petition is whether the decision given by the Hon'ble Supreme Court in M. I. Builders (P) Ltd. v. Radhey Shyam Sahu, reported in 1999 (6) SCC 464 : (AIR 1999 SC 2468), would be applicable in the present case and affect the resolution dated 12-7-1993 so far as it relates to the petitioner and whether the order dated 9th January, 2002 passed by the respondent No. 3 is cqrrect and justified by means of which the Agreement dated 16-11-1993 entered into between the petitioners and the respondents has been declared void-ab-initio and non est in view of pronouncement of the judgment and order dated 23-8-1994 passed by this Court in Writ Petition No. 89 (MB) of 1994, Amit Puri v. Nagar Maha Palika, Lucknow and in other connected writ petitions which was latter approved by the Hon'ble Supreme Court in M. I. Builders (P) Ltd. case (supra).
(2.) Before referring the actual controversy involved in the present matter, we deem it proper to mention, in short, the facts of the M. I. Builders' case (supra) decided by Hon'ble Supreme Court. On 6-7-1993, a notice was issued for meeting of the Mahapalika for 12-7-1993 with the following agenda :- "1. Discussions on the accepted proposals passed by the Executive Committee on 27-5-1993 and 27-6-1993. 2. Discussions on the various proposals.
(3.) Other subjects, subject to the permission of Presiding Officer. 3. On 12-7-1993, the following resolution constituting the High Power Committee for disposal of the properties of the Mahapalika was passed under the aforesaid Agenda, Item No. 3 : 'The full details, maps conditions of allotment in respect of Shri Rafi Ahmad Kidwai Nagar Yojna and Rajajipurm Vistar Yojna may be prepared at the earliest. And for this act a committee may be constituted under the Chairmanship of the Nagar Pramukh in which two Sabhasad and three officers be appointed. For nominating the members, the Nagar Pramukh may be authorised. The powers of disposing of the entire land, allotment and transfer in respect of both the schemes shall be vested in the above Committee. It was also decided that the Committee constituted under the Chairman of the Nagar Pramukh shall have the rights of disposing of all the properties, allotment, transfer etc. situated within the limits of the Nagar Mahapalika and the above Committee shall have the right to give the final shape to the conditions of allotment and agreement etc. In this manner the sub-committee is authorised to exercise the aforementioned rights of the Mahapalika conditions of allotment and agreement etc. In this manner this sub- committee is authorised to exercise the aforementioned rights of the Mahapalika.";