L.M.QUDDUSI - (1.) By means of the present writ petition the petitioner has prayed for a writ in the nature of certiorari quashing the order dated 25-4-1995 passed by the District Magistrate, Allahabad refusing to grant no-objection certificate pertaining to the lay out plan submitted by the petitioner for the proposed construction to the Allahabad Development Authority on the land in question with a further prayer that a writ in the nature of mandamus be issued commanding the opposite parties that a 'no-objection certificate' is required to be obtained from the District Magistrate State Government and in alternative to the second relief commanding the District Magistrate, Allahabad to pass orders and to grant no-objection certificate to the petitioner.
(2.) The brief facts of the case are that on 1-41930 the Governor of the erstwhile United Provinces executed 8 lease-deeds in favour of M/s Allahabad Bank in respect of plot Nos. 112, 113, 114, 118, 119, 120, 121, 122 and 123 measuring 9 acres 1 rod and 211. 25/36 yards situated at Mauja Bhawapur, Mustarkharja, Pargana and Tehsil Chail, district Allahabad and thereafter on 29-5-1940 the Governor of the State executed a single lease deed in substitution of the aforesaid 8 lease deeds in favour of M/s Allahabad Bank Limited with regard to the aforesaid land. The contents of the lease-deed are reproduced as under : "Now this deed witnesses that in consideration of the rent of the Lease hereinafter contained the Lessor doth hereby demise unto the Lessee all that plot of land described in the Schedule hereunder written and with the boundaries thereof for greater clearness delineated or shown on the plan annexed to these presents and thereon coloured red To HOLD the said premises unto the Lessee for the term of thirty years from the first day of April, 1930 RENDERING THEREFOR during the said term the yearly rent of Rs. 348.00 (Rupees three hundred and forty-eight) clear of all deductions by equal half-yearly payments on the first day of August and the first day of February in each year at the office of the Government Estates Allahabad or at such other place as the Collector of Allahabad may from time to time appoint in his behalf, the first of such payments to be made on First day of August next and the Lessee doth hereby covenant with the Lessor that during the said term the Lessee will pay the yearly rent hereby reserved on the days and in the manner hereinbefore appointed and also will pay and discharge all rates, taxes charges and assessments of every description which are now or may at any time hereafter be assessed charged or imposed upon the said premises or the building to be erected thereon or the landlord or tenant in respect thereof and also will at the Lessee's own cost erect within five Calendar years from the date of these presents for habitation and use on such parts of the said premises as are marked out on the plan hereto annexed at dwelling house with suitable outbuildings according to a plan and elevation to be approved off by the said Collector.AND ALSO THAT no part of the external elevation or plan of such dwelling house or out buildings shall at any time be altered or varied from the original elevation or plan thereof without the written consent of the Collector of Allahabad and no other building shall be erected on the said premises without the like consent, ALSO that the Lessee will at all time repair support and keep in good and substantial condition and repair such dwelling house and out buildings both externally and internally and also the boundary and other walls, sewers, drains, rails, gates, fences and fixtures of or connected with the same, will permit the Lessor or his Agents once in an every year in the day time after 40 hours previous notice in writing to enter into upon and view the condition of such buildings and give notice in writing to the Lessee of any defects or want of reparation there found or leave such notice upon the premises with defects or want of reparation the Lessee will within three Calendar months after such notice repair and amend accordingly, ALSO will not at any time carry on or permit to be carried on upon the said premises any trade or business whatsoever or use the same for any other purpose than as an private dwelling without the consent in writing of the Collector of Allahabad first and obtained, ALSO will upon every assignment of the said premises or any part thereof or within one calendar month thereafter deliver notice of such assignment to the Collector of Allahabad setting forth the names and description of the parties to such assignment and the particulars and effect thereof, ALSO will yield upto the Lessor the said premises with such dwelling house and out buildings in good and substantial repair on the expiration or sooner, determination of the said term PROVIDED ALWAYS that if and whenever the said rent or any part thereof shall be in arrear and unpaid for the space of one calendar month whether the same shall have been lawfully demanded or not or if there shall be a breach of non-observance of any of the covenants by the Lessee hereinbefore contained then and in any such case the Lessor (notwithstanding the waiver of any previous cause or right of re-entry) may reenter upon the said premises and expend the lessee and all occupiers of the same therefrom and this demise shall absolutely determine and the Lessee shall forfeit all right to remove or recover any compensation for any buildings erected by the Lessee on the said premises and the Lessor hereby covenants with the lessee that he will at the request and cost of the lessee at the end of the said term of year and so on from time to time hereafter at the end of each successive term of years that may be granted execute to the lessee a new lessee of the said premises by way of renewal for the term of thirty years PROVIDED ALWAYS that SUCH RENEWED TERMS OF years as may be granted shall not with the term of years hereby granted exceed in the aggregate the period of ninety years and that the Lessor shall not be bound to grant any renewal except, at the rate of rent then being paid for the said premises or as he may elect at such enhanced rate not exceeding 50 per cent of the rent payable during the period immediately preceding the renewal as may be assessed by the Collector of Allahabad regard being had to the circumstances of the said premises and to the market value of similar plots in the neighbourhood which assessment shall be final save that if on any re-assessment of the rent of the said premises the rent than payable shall be increased by more than 40 per cent, the Lessee shall have a right of appeal to the Commissioner of Allahabad division whose decision shall be final, save as to the amount of the rent to be thereby reserved and as to the period (if any) or renewal every renewed lease of the said premises shall contain such of the covenants provisions and conditions in these presents contained as shall be applicable PROVIDED ALSO that the Expressions "The Lessor" and "the Lessee" hereinbefore used shall unless such an interpretation be inconsistent with the context include in the case of the former his successors and assigns and in the case of the latter its successors and assigns."Thereafter M/S Allahabad Bank Limited vide a Deed dated 27-3-1941 assigned its leasehold rights with regard to the land in question in favour of M/s Newspapers Limited, Allahabad. The relevant part for consideration of the deed is quoted below : "Whereas the vendors aforesaid have agreed to all and convey and the vendee aforesaid have agreed to purchase all the parcel or parcels of the land situate on plot Khasra numbered 112, 113, 114, 118, 119, 120, 121,122 and 123 in Bhawapur, Allahabad held by the aforesaid vendors, under eight leases executed by the Secretary of State for India in Council on the fifth day of July 1930 in favour of the aforesaid vendors and in lieu whereof one consolidated new lease dated the twenty nineth day of May, 1940, has been granted by the Governor of the United provinces in favour of the aforesaid vendors, for a term of thirty years from the first day of April, 1930 together with all houses, out-houses, stables and other structures of all and every description standing on the aforesaid parcel or parcels of land more specifically described in the schedule and written hereunder and with the boundaries thereof for greater clearness delineated or shown on the plan, accompanying the said new lease. Now this Indenture witnesseth that in pursuance of the Agreement the vendors hereby sell and convey absolutely and without any reservation and free from any encumbrances, charge right of way or any other easement adverse to the lessee's rights, all their interest in the said parcel or parcels of the land as lessee's and all the houses, outhouses, stables and other structures thereon, and trees, in consideration of a sum of Twenty Thousand Rupees, the receipt of which the vendors do hereby acknowledge. The vendees shall hold the said parcel or parcels of land together with the houses, outhouses, stables and other constructions belonging thereto for their use and occupation absolutely, the vendors hereby convenanting with the vendees that the former shall be liable for any Municipal taxes and ground rents that might have become due and remained unpaid till the date of sale... "On 20/09/1965 the Governor of Uttar Pradesh renewed the lease deed in favour of M/s News Papers Limited, Allahabad with certain conditions in which one of the conditions (condition No. 7) was that the lessee without the prior written permission of the lessor shall not do itself or allow to do anybody else any commercial activity or business over the land in question and shall not use the land for other purpose than the construction of own private dwelling houses. The lease deed is in Hindi. Condition No. 7 of the same being relevant is reproduced as below :
(3.) Thereafter an Agreement between the Governor of Uttar Pradesh and the News Paper Limited was made on 30/11/1989 in which it was, inter-alia, indicated that by an Indenture dated 27/03/1941 executed between the Allahabad Bank Limited and the Newspapers Ltd. the successor in interest to the lessor herein, registered as No. 442 book No. 1 Volume 752 on pages 181 to 183 dated 31-3-41 of the Office of Sub-Registrar at Allahabad and the Bank sold and transferred its interest in the demised land and premises to the Newspapers Limited, subject to the terms and conditions contained in the principal deed. It was also mentioned that in the renewal of lease deed dated 20/09/1965 some mistakes had occurred about the terms and conditions of the lease and, as such, the same requires rectification. With other things mentioned in the said Agreement, it was specifically mentioned that save except so far as the same is expressly varied or rectified by these presents all other terms and conditions of the Principal deed and the first deed of renewal shall remain effective and binding on the parties upto 31/03/1990 and the terms and condition contained in the Principal deed shall remain effective and binding on the parties hereto and the provisions of the first deed of renewal of so far as they are contrary to and inconsistent with those as contained in the Principal deed shall be deemed to be ineffective and inoperative from the 1st day of April, 1960.;