G. C. Mathur, J. - (1.) This writ petition was originally heard by a Division Bench. The Hon'ble Judges, however, differed in their opinions. One of the learned Judges held that the writ petition should be allowed and the notification dated 1-9-1969 as also the notification under Sec. 4 of the U. P. Zamindari Abolition and Land Reforms Act (Annexure O to the writ petition) be quashed. The other learned Judge was of the view that the writ petition be dismissed. It is in these circumstances that the whole case has been referred to me for opinion. The petitioners have prayed for a writ of mandamus commanding the respondents not to interfere with their property rights in 6786.6 Bights of land in West Dehra Dun popularly known as Anghaila Housing Colony under the notifications dated 1-9-1969 (Annexure O and P to the writ petition) and the proclamation or the Ghoshna Patra of the Collector, Dehra Dun dated 26-3-1970 (Annexure R to the Writ petition). The petitioners have also asked for a mandamus commanding the respondents not to interfere with the petitioner's utilisation and development of the Anghaila Housing Colony, Dehra Dun. The petition contains the usual residuary clause that any other and further relief that this Hon'ble Court may deem fit and proper may be granted.
(2.) The writ petition has been filed by Anghaila Housing Private Limited and three others, and the dispute is mainly confined to an area of 951 acres of land situate in villages Guljawari and Prohitwala of district Dehra Dun. One Lala Joti Prasad was the original owner of the land. On March 30, 1949 he entered into an agreement with the Delhi Land and Finance Limited for developing the area under a housing scheme. This agreement provided for selling the land to the Company. Under the agreement, possession was handed over to the Company. Pursuant to this agreement, the Company took some steps and a lay-out plan was prepared. Some plots shown in the layout plan are alleged to have been booked by some intending purchasers. Since most of the land was covered by forest and there were in existence certain orders prohibiting the cutting down of the forest, no substantial progress could be made in the execution of the housing scheme. On March 7. 1969, the Company transferred its rights to another Company, namely, D. L. P. Housing and Construction (Private) Limited which undertook to execute the colonising scheme known as the Anghaila Housing Scheme.
(3.) On July 1, 1952, a notification under clause (c) of Sub-sec. (1) of Sec. 2 of the U. P. Zamindari Abolition and Land Reforms Act (hereinafter referred to as the Act) was published, declaring that areas held on July 7, 1949, for purposes of a housing scheme by a limited liability Company were areas held and occupied for a public purpose or work of public utility. The petitioners applied to the State Government to make a declaration under Sec. 2(1) (c) of the Act that the area of the Anghaila Residential Colony was held and occupied for a public purpose, but the Government replied that it had already issued a notification on July 1, 1952, and that it was now for the local officers of the Government on the spot to decide whether any area was covered by that notification. The petitioners then applied to the Collector, Dehra Dun and he by his order dated April 27, 1954 (Annexure B to the writ petition) declared that the land of the petitioners to the extent mentioned in the order came within the orbit of the notification of July 1, 1952 and was exempt from the operation (J) of the Act. By a subsequent order of the State Government dated July 9, 1956, a timetable for six years was set out, within which the Company was required to complete the Housing Scheme. According to the petitioners for no fault of their own the Company was unable to make much progress as it was prevented from clearing the forest on account of the notifications issued under the Indian Forest Act prohibiting the felling of the trees. On September 28, 1964, however, an agreement was entered into between the Governor and the Company. Under this agreement, the Government agreed to withdraw the restrictions under the Indian Forest Act and to permit the Company to fell the trees and carry out the Housing Scheme. It laid down certain conditions regarding survey and soil conservation measures to be taken by the Company. In January, 1966, the Government actually withdrew the notifications under the Indian Forest Act so far as they related to the land in dispute, and also granted permission to the Company to clear the area of the trees within four years. According to the Company, it cleared the area within three years. However, on September 1, 1969, a notification under Sub-sec. (3) of Sec. 1 read with Sub-sec. (1) of Sec. 2 of the Act (Annexure P to the writ petition) was issued.;