- (1.) This is a petition on behalf of 35 persons who are residents of Kanpur, Under Article 226 of the Constitution praying that a writ of Mandamus be issued directing the opposite parties not to take steps for dispossessing the applicants or acquiring their houses under the Tarwala Hata Scheme as notified on 24-1-1942.
(2.) The facts as set out in the petition are that in the city of Kanpur near the railway station Northern Railway there is a locality known as Tarwala Hata. In this locality there are a number of small houses. The houses, were originally owned by one single proprietor and they were let out to tenants but during the period of 1932-48 these houses were sold to tenants who were in occupation by deeds of transfer. On 19-3-1933, the then Improvement Trust of Kanpur published a notification Under Section 40(3) of the UP Improvement Trust Act intimating that the Tarwala Hata general scheme has been submitted to the State Government for sanction. On 24-1-1942, a notification Under Section 41(1) of the UP Improvement Trust Act VIII of 1919 was issued by the State Government, sanctioning the General improvement scheme as proposed by the Trust of Kanpur regarding this area knowvn as Tarwala Hata. Thereafter according to the Petitioners nothing was done in pursuance of the said scheme and it was given out by the Trust authorities that they had abandoned the scheme. This assertion, however, is not accepted by the opposite parties. Thereafter Act No. VI of 1945 known as Kanpur Urban Area Development Board Act was passed and under the said Act the Kanpur Development Board was established in the end of 1964. Notices Under Section 9 of the Land Acquisition Act were served upon the applicants asking them to file their claim for compensation. The proceedings of acquisition started at the instance of the Development Board are now being challenged by the present petition. It is necessary to point out that after the sanction of the scheme in 1942 and before starting the acquisition proceedings the Improvement Trust, according to the Petitioner, claimed the land on which the houses were situate and gave notices to the owners of the houses to purchase the site from the Improvement Trust otherwise steps will be taken against them. The Petitioners further alleged that they are small proprietors and are residing in these houses carrying on business in this locality and the locality is a very neat and healthy one. They further added that if the small proprietors are deprived of their houses, it would be difficult for them to obtain residential quarters. The Petitioners have further asserted that the main intention of the Development Board is not to improve the area but to acquire these sites on cheap price and then resell them at higher price thereby making a huge profits in the transactions. Notices have been issued to the opposite parties by the Court to the Kanpur Urban Area Development Board, the State of Uttar Pradesh and the land Acquisition officer, Kanpur and a counter affidavit has been filed on behalf of the opposite parties. In the counter affidavit it is stated that the Kanpur Improvement Trust duly notified the Tarwala Hata Scheme No. 2 in the UP Gazette dated 5th, 12th and 19th March 1938. The scheme was submitted to the State Government for sanction in the year 1939. Thereafter the required notification Under Section 40 of the Act was published in the Gazette. The scheme was sanctioned Under Section 41(1) of the Act, and the sanction as required Under Section 41(1) of the Act was notified in the Gazette dated 24-1-1942. It was then notified on behalf of the Governor that aforesaid scheme will come into force with effect from 1-4-1942. Then due to the war and the shortage of housing accommodation it was not possible for the Trust to construct quarters for the residents of this locality, who had to be rehoused nor was it possible for the Trust to arrange for an alternative accommodation for them. Consequently further operation of the scheme remained in abeyance. In September, 1945 the Kanpur Urban Area Development Board came into existence. Thereafter when the facilities of obtaining building materials became available the administrator of the Board in the year 1954 ordered that highest priority should be given to slum clearance schemes and accordingly steps were taken to complete the exception of the scheme and necessary proceedings for the acquisition were started. In paragraph No. 11 of the counter affidavit it has also been stated that the Land Acquisition Officer has already given this award for 33 houses out of the 54 which are involved in the said housing scheme. The purpose for which the scheme has been started is to clean the slum areas and for the general improvement and the sanitation of the locally. In paragraph No. 18 of the counter affidavit it is stated that the land on which houses stood were Nazul land and as such its management was entrusted to the Board on behalf of the State Government and in the exercise of the powers of management given to the Development Board, the Board gave option to the lessees to purchase the sights of the houses, if they so desired, otherwise steps will be taken in accordance with the terms of the contract. No assurance, however, was given to the lessees that the scheme had been abandoned. The opposite parties have also denied that they have any intention to sell out these plots on exorbitant rates thereby making huge profits. The fact that these persons are carrying on business in these houses, has also been denied and stated that these applicants will be able to get alternative accommodation. A rejoinder affidavit has been filed on behalf of the applicants in which it is emphatically asserted that there was no shortage of building materials or accommodation after 1942 which prevented the Board from earning into effect the scheme. It is reasserted in the rejoinder affidavit that the purpose for which the scheme is being executed is to acquire valuable sites with a view to sell them on higher prices and no arrangement has so far been made for providing suitable accommodation to the applicants.
(3.) Mr. Khare learned Counsel for the Petitioners has urged three points before me. Firstly he has contended that the Kanpur Improvement Trust which got the scheme sanctioned in the year 1942 by the State Government came to an end in the year 1945 by the passing of the Kanpur Urban Area Development Board Act and thereafter the Improvement Trust ceased to exist. The scheme sanctioned in the year 1942 came to an end and unless fresh proceedings were started under the new Act, it is not open to the Board to carry into effect the old scheme sanctioned in the year 1942. Reliance has been placed on behalf of the State on Section 4 of the Kanpur Urban Area Development Board Act, 1945, which provides as follows: With effect from the date this Act comes into force-- (a) the Trust shall be deemed to have been dissolved, and the trustees shall vacate their office, and (b) all properties, funds, and dues which are vested in or realizable by the Trust and its Chairman respectively shall vest in and be realizable by the Board and its President, respectively, and (c) all liabilities enforceable against the Trust shall be enforceable only against the Board, and (d) for the purpose of completing the execution of any scheme sanctioned under the Uttar Pradesh Town Improvement Act, 1919, the functions of the Kanpur Improvement Trust and the Chairman of the said Trust shall be discharged by the Kanpur Development Board and the President of the Board respectively, and (e) the management of all land classed Special Nazul shall be transferred to the Board.;