- (1.) Instant intra -court appeal has been preferred against order of the ld.Single Judge dt.11.05.2016.
(2.) The appellant made following prayer in the writ petition and we consider it appropriate to quote the same ad infra: -
(3.) It is therefore most humbly prayed that this Hon'ble Court may kindly be pleased to call for the entire record of the case and after examining the same, may kindly be pleased to accept and allow this writ petition and by an appropriate writ, order or direction: (i) The respondents may be directed to produce the entire relevant record including note sheets relating to the impugned actions; (ii) The order issued by the respondent no. 1 dated 2.5.2016 and the consequential order and action 2.5.2016 of respondent JDA may kindly be quashed and set aside. (iii) Any other direction or further order issued by the State Government or the JDA for taking over the property in question may kindly be declared invalid, illegal and arbitrary and may kindly be quashed and set aside. (iv) It may kindly be declared and directed that the petitioner pursuant to execution of the lease deed having made constructions on the land in question with huge investment the land/property or portion thereof cannot be forcibly acquired by the respondents in the garb of cancellation of the pre lease allotment more so when the onerous conditions in the lease deed constitute a contract of adhension. (v) It may be declared and directed that the entire impugned action taken by the State Government and JDA for forcibly taking over the property is patently illegal, ultra vires and unconstitutional hence liable to be quashed and set aside. (vi) It may be declared and directed that State Government and the JDA cannot unilaterally take over the property available with the petitioner under a valid lease deed except by following due process of law and under a judicial order. (vii) The order dated 5.5.2016 passed by JDA appellate tribunal may kindly be set aside. (viii) Any other and further writ, order of direction as deemed fit, may kindly also be passed by this Hon'ble Court in favour of the petitioner. ;