Ajit Kumar, J. - (1.) Heard Sri Satish Chandra Srivastava, learned counsel for the petitioner, Sri Satish Chaturvedi, learned counsel appearing on behalf of the Moradabad Development Authority, learned Standing Counsel appearing on behalf of the State and perused the record.
(2.) Petitioner has approached this Court invoking its extraordinary jurisdiction under Article 226 of the Constitution of India for the relief in the nature of mandamus commanding the respondents, particularly respondent nos. 2 and 3 to provide land to the petitioner in lieu of his land of plot no. 90 measuring 1443.83 square meters, possession of which has been taken by the State and admittedly handed over to Moradabad Development Authority (for brevity 'MDA'), the third respondent.
(3.) Brief facts of the case as we sketch in a narrow compass, is that the petitioner along with his five other brothers jointly owned the land of two plots bearing plot nos. 516 and 90 with total area of 2588.55 square meters on the appointed day when the U.P. Urban (Ceiling and Regulation) Act, 1976 (for brevity 'Ceiling Act') came into force. The aforesaid land was declared surplus in ceiling proceedings under the orders of the Prescribed Authority dated 29.10.1980 and 03.12.1980. All the brothers including the petitioner preferred six appeals against the decision of the Prescribed Authority on the ground that no statement had been prepared under Section 8(1)(2) nor, any such draft statement was served upon the petitioner and his brothers and therefore, the entire ceiling proceedings in respect of the land in question declaring it to be surplus land was void. Hearing the appeals, the IVth Additional District Judge, Moradabad vide order dated 24.05.1995 allowed the same by setting aside both the order of the Prescribed Authority: one, rejecting the objection to the alleged draft statement; and second, declaring the land in question as surplus land. Against the order of the appellate authority, the State preferred writ petition before this Court which came to be dismissed on 06.03.1997. Against the order passed by this Court dated 06.03.1997, the State of U.P. preferred a Special Leave Petition (for brevity 'SLP') before the Supreme Court and that too came to be dismissed on 13.05.1998. In the meanwhile, the State of U.P. Enacted the U.P. Land (Ceiling and Regulation) Repeal Act, 1999 (for brevity 'Repeal Act'), whereunder vide Section 4 the proceedings relating to any order made or purported to be made under the principal Act (Ceiling Act) and ceiling proceedings were directed to be abated.;