- (1.) By this writ petition the petitioners have prayed for certiorari to quash the impugned order dated 5.4.2006 (Annexure No. 6 to the writ petition).
(2.) Brief facts of the case are that the petitioner is a society registered under the Societies Registration Act, 1860 running a Hotel Management Institution in the name and style of Institution of Hotel Management Catering Technology and Applied Nutrition duly recognized by All India Council for Technical Education, Ministry of Human Resources and Development, New Delhi and State Board of Technical Education, U.P., Lucknow and is affiliated to U.P. Technical University, Lucknow and also to Chaudhary Charan Singh University, Meerut and is successfully running its Institution since 1987 from premises 11 R.A. Lines, Meerut Cantt. For the purposes of establishing a new campus for the Institute, the Society purchased 7.5 acres (approximate) of land Khasara Nos. 1475, 1476, 1477, 1478, 1479, 1482, 1484 and 1486 at National High Way No. 58, Pargana Daurala, Tehsil Sardhana, District Meerut and there is no dispute about ownership of the land. This land was situated within the limits of Nagar Panchayat Daurala and, at that point of time, it had framed the bye-laws in exercise of powers under Section 298 (1) of the Nagar Palika Adhiniyam, 1916 for the purposes of sanctioning maps for construction of building within its territorial limits.
(3.) The petitioners in accordance with the aforesaid bye-laws, vide application dated 11.3.2003 submitted building plans for the construction of building of the institute. This building plan was prepared by the Government approved and recongnized architect and Engineers and was in conformity with the above bye-laws and also the bye-laws of the Meerut Development Authority even though the area was not within the development area of the MDA. The Nagar Panchayat, Daurala sanctioned the plan. Resultantly, the petitioners deposited the requisite fee for sanctioning the building plans and for development of the land with the Nagar Panchayat Duarala and started constructions of the building of the Institute in April 2003 itself. The constructions had been completed and the building is being used for regular educational work of the Institute and Hostels are also being used and about 200 boys are living there in the administrative block being partly used.;