B.S. Chauhan, J. - (1.) The present petition has been filed on behalf of the trust for quashing of the auction sale held on 31st January, 1992 in regard to plots Nos. C-l and C-2 Sohag Nagar, Firozabad, though the petitioners did not implead the auction-purchasers.
(2.) The facts of the case reveal that the U.P. Avas Evam Vikas Parishad-respondent No. 1 published a notice in the Gazette dated 8th November, 1976 under Section 28 of the U.P. Avas Evam Vikas Parishad Adhiniyam, 1965 (Hereinafter called the Act). In the said Notification respondent No. 1 proposed to develop a residential scheme in Firozabad and objections were invited to the said scheme. The said notification has been filed herewith as Annexure 2 to the writ petition. It appears that after completing the formalities and disposing of the objections, if there were any, Notification under Section 20 of the Act was published in the Gazette and the substance of the same was published in the local newspapers on 5-12-1976. By the said Notification the respondents notified a very large area of land situate in various villages of the District Agra as it was then and objections were invited to the said proposed acquisition, true copy of which is Annexure 1 to the writ petition. Notification under Section 32 (1) of the Act was published on 30th September, 1978 and the land proposed under Section 20 of the' Act was acquired under the said Act. The possession of the land was taken by the respondents and a major part of it had been developed according to the scheme. It appears that the petitioners and others filed various writ petitions in 1978 before this Court and the same had been dismissed by a common judgment dated 3-10-1985. After making the development as per the scheme some part of the land measuring about 2900 Sq. Metres was put to auction on 31-1-1992 and it was purchased by two persons, namely, Sri Satish Chandra Gupta and Sri Pawan Kumar Gupta.
(3.) The instant writ petition was filed challenging the auction sale of the said part of the land only on the ground that the land had been acquired originally in 1976-78 for the purpose of Housing Scheme and the respondents cannot change the user of the land even for the negligible part of the total area acquired under the scheme. This Court, vide its order dated 13-3-1992 directed the respondents not to confirm the auction sale.;