K.C. Agrawal, J. - (1.) M/s. Mayur Continental, Dehradun, Petitioner No. 1, as well as petitioners 2 to 5, who are the partners of the said firm, have filed this petition under Article 226 of the Constitution for quashing the order of the Administrator, Nazul Land, Dehra Dun, dated 23-1-1987, by which the petitioners had been restrained from making constructions and had further been directed to remove those which stood over plot No. 280, measuring 10775 square feet. The petitioners have also sought quashing of the order of the Collector, dated 27-3-1986 making correction in the Nazul Register deleting "free hold".
(2.) The Petitioner No. 1 is a partnership concern constituted by a partnership deed dated 22-1-1986, of which the petitioners 2 to 5 are the partners. The partnership had been constituted for constructing and carrying on the business of Hotels, restaurants and other businesses. The petitioner No. 1 submitted a plan for construction of a Hotel on the land of property No. 2 (details of which have been given in Paragraphs 3 to 6 of the writ petition). The Mussoorie Dehra Development Authority sanctioned the plan for construction of the Hotel and communicated that same to the petitioners, by Annexure-Rs.6' to the writ petition. The U. P. Financial Corporation sanctioned a loan of Rs. 30,00,000 to the petitioner No. 1, whereas Rs. 9,30,000 had been sanctioned under the Central Investment Subsidy Scheme through the U. P. Financial Corporation. The petitioner No. 1, started the constructions according to the plan sanctioned by the Mussoorie Dehra Development Authority.
(3.) During the process of construction, the Administrator, Nazul Land, Dehra Dun, gave a notice on 23-1-1987 to the petitioners 2, 3, 4 a copy of which has been filed as Annexure-111' to the writ petition, intimating that the land on which the constructions were being made was that of the Nazul and as no patta or lease have been obtained from the authority entitled to give the same, the possession of the land was unauthorised and, as such, the petitioners were not entitled to make any construction over the same. It was directed : ...[VERNACULAR TEXT OMITTED]... By a letter of the U. P. Financial Corporation, dated 5-2-1987 addressed to the petitioner No. 1 it was gathered that the Mussoorie Dehra Development Authority has sent a communication, dated 3-2-1987 to the U. P. Financial Corporation alleging that the land of the hotel/restaurant was Nazul and the petitioner No. 1 had concealed the same, and, therefore, the respondent No. 3 had stopped the construction of the hotel/restaurant by the petitioner No. 1. The petitioner have alleged that respondents 1 to 4 on 7-2-1987 misused their authority and sent police to get the existing construction demolished.;