- (1.) BY way of the instant writ petition, the petitioners have challenged the validity of the letter dated 3.6.2010 issued by Town Planner, Lucknow Development Authority, by means of which the petitioners have been asked to pay a sum of Rs. 1,34,17,800/ - towards the land use conversion fee and give an undertaking in this regard.
(2.) THE case of the petitioners is that lease in respect of the plot in question i.e. Plot No. B940, Sector -A, Mahanagar, Lucknow was executed on 6.9.1956 in favour of Smt. Sarla Sharma, wife of Mr. Shyam Shanker for a period of 90 years with renewable option after 30 years. Thereafter by means of sale -deed dated 19.12.1971 Sri Lajpat Rai Bajaj, purchased the aforesaid land from Smt. Sarla Sharma and raised certain constructions over it. Since the aforesaid plot was a leasehold plot of Lucknow Development Authority, Sri Lajpat Rai Bajaj got it converted into freehold for which a deed was executed on 20.5.1996. As per the Master Plan 1992 -2001 the land use of the Mahanagar Area was commercial. Thus, the entire land of the petitioners i.e. B940, Sector -A was also a commercial plot as per the Master Plan of the Lucknow Development Authority. The father -in -law of the petitioners keeping in mind that the plot in question is a commercial plot, constructed shops in the front portion of the aforesaid plot. Shri Lajpat Rai Bajaj on 9.3.1999 executed a registered Will whereby he gave one portion to the petitioner no. 1 while the remaining portion was given to the petitioner no. 2. Sri Lajpat Rai Bajaj died on 18.5.2003 and after his death the aforesaid property devolved upon the petitioners and they became the absolute owners of their respective portion. It was in the year 2005, that the Lucknow Development Authority came up with the proposal of amending Master Plan 2021 and and in the proposed Master Plan 2021 the land use of the area in which the plot of the petitioners is situated was sought to be amended from commercial to residential. The opposite parties invited objections from the general public in respect of the proposed amendment in the Master Plan 2021 and a notice to this effect was published in the newspaper, but it was not mentioned in the notice that the land use of the area in which the property of the petitioners is situated was also sought to be converted from commercial to residential. However, the petitioners visited the office of the Lucknow Development Authority and on an inquiry it was found that the proposed change of the land use was in respect of their land also. The petitioners, therefore, filed their objections and also approached the Vice Chairman of the Lucknow Development Authority to maintain the same status of the area as was provided in the Master Plan of 2001. The opposite parties without considering the objections of the petitioners changed the land use from commercial to residential for the new Master Plan 2021 w.e.f. 31.3.2005 and incorporated the amendments. Being aggrieved by the action of the opposite parties, the petitioners have filed the Writ Petition No. 6553 (MB) of 2006, in which this Court passed an interim order directing the authorities to consider the objections of the petitioners. Thereafter the petitioners were served with a letter dated 5.5.2010 requiring them to deposit a sum of Rs. 36,400/ -for the sake of publication inviting objections. The petitioners deposited the aforesaid amount and thereafter the petitioners were informed by the impugned letter and were asked to deposit a sum of Rs. 1,34,17,800/ - towards the conversion fee.
(3.) SHRI Gaurav Mehrotra, learned Advocate, appearing on behalf of opposite parties nos. 2, 3 and 4 on the other hand, submitted that the issue of land use in respect of the land of the petitioners was considered in the Board Meeting on 31.12.2009 and the proposal for converting it from residential to commercial was approved and was forwarded to the State Government for further action. The State Government vide letter dated 22.4.2010 directed the opposite parties to take action in accordance with the Government Order dated 13.10.1998, which provides that the change of land use in the lay out plan can be done at the level of Development Authority itself. It was also categorically provided in the aforesaid Government Order that for the change in the land use the conversion charge is to be charged from the land owners. However, he clearly conceded that the land in question was a part of the developed Mahanagar Housing Scheme of Improvement Trust, which was subsequently transferred to Lucknow Development Authority. The aforesaid land was marked as residential in the lay out plan of the scheme, which continued to be residential in the lay out plan throughout. In the year 1992 the Master Plan 2001 came into effect in which the area in question was marked as commercial. Thereafter in the year 2005, the present Master Plan 2021 came into effect in which again the land use of the area in question was proposed as residential. It has further been submitted on behalf of the opposite parties that from the very beginning the plot in question was marked as residential in the lay out plan. The initial lease deed reveals that the plots were leased for housing purpose and it was specifically provided in the lease deed itself that the lessee will not at any time carry on or permit to be carried out any trade or business whatsoever and as such the petitioners are not authorized to use the plot in question for any other purpose. Since, the proposal of conversion of land use from residential to commercial has been made by the Board on the request of the petitioners, hence they are liable to pay conversion charge as demanded by means of impugned letter dated 3.6.2010.;