- (1.) RAKESH Sharma, J. In these two connected writ petitions, common questions of fact and law are involved, hence both these writ petitions are being decided by this common judgment The respondent No. 2-Pawan Kumar Agrawal in Writ Petition No. 18578 of 2002 has filed Writ Petition No. 30074 of. 2007.
(2.) WE have heard Sri Sunil Gupta learned Senior Counsel, assisted by Sri Ajai Kumar and Sri M. K. Gupta, learned Counsel for the petitioner, Sri B. Dayal, learned Counsel appearing for respondent No. 1 and Sri Pranav Ojha who ap pears for the respondent No, 2. The petitioner, a Society registered under the provisions of Socieites Reg istration Act, 1860, is running three Educational institutions, namely, I. I. M. T. Management College, I. I. M. T. Engineering College and Institute of Information Technology and Computer Science. The petitioner-society has sought allotment of a plot of land admeasuring about 20,000 Sq. Meters, according to it, earmarked for establishing an Educa tional Institution, situate in Pocket 'o' of Ganga Nagar Scheme, Phase-1, devel oped by the Meerut Development Authority, Meerut. The petitioner- society has also assailed an advertisement inserted in the local News Papers on 15. 4. 2002 inviting applications from private Builders for sate of the same plot for which nego tiations with the petitioner- society had reached at a final stage. Now the plot was put on sale to the private builders of the region, ignoring the very purpose for which the land was earmarked. It was reserved for establishment of Educational Institutions for the benefit of residents of the area. The petitioner-society has also sought a writ of mandamus restraining the Respondents from changing the land-use illegally, violating the policy of the State Government and the relevant provi sions contained in the U. P. Urban Planning and Development Act, 1973 and the Guidelines contained in the Master Plan of the Meerut Development Authority.
(3.) FOR all round development of the Meerut City in Western Uttar Pradesh, the first Master Plan was prepared for 20 years, that is, for the period from 1971 to 1991 This Master Plan was amended for a further period of ten years on 14. 8. 1996. Various Zones were earmarked for commercial, residential and educational purposes. The Ganga Nagar Scheme, where the petitioner-society is running its Educational Institutions, was established by the Meerut Development Authority, under the Urban Planning and Development Act, 1973. With the inten tion and object of establishing Educational Institutions of all levels, i. e. , from School level to Engineering, Medical and other higher Education, in the newly developed planned urban areas for imparting quality education to younger genera tion, the State Government issued a Government Order on 11,11. 1986, containing directions to the Development Authorities that the plots of land of more than 6,000 sq. meters meant for Educational Institutions shall be allotted by the Develop ment Authorities at the rate of 15% of the prevailing rates. As even after this concession, no good response was received by the Urban Development Authori ties, the State Government further revised the aforesaid rates by reducing the rates from 15% to 50% of the prevailing rates vide Government Order dated 19. 4. 1996 to enable the Urban Development Authorities including Meerut Devel opment Authority to attract individuals, Educational Societies and other Bodies to establish Institutions of Higher Education in the newly developed residential/ commercial areas developed by the Urban Development authorities to benefit the residents of the newly developed Colonies/residential areas. The Petitioner-society, Association of Management Studies, registered under the Societies Registration Act, 1860, came forward to1 avail foe offer of Meerut Development to establish three Institutes, namely, 1. 1. M. T. Management College, which imparts Education for awarding Degrees of M. B. A. and M. C. A. , an Engineering College, imparting instructions for the courses of B. E. in Me chanical Engineering, Information Technology, Electronics and Computer Sci ence and the third one for imparting education in Management Studies. All these three Institutions were affiliated to UP. Technical University, Lucknow and had the approval of All India Council of Technical Education, Ministry of Human Re sources and Development, Government of India.;