SHIELA CONSTRUCTIONS PVT LTD Vs. NAINITAL LAKE DEVELOPMENT AUTHORITY

JUDGEMENT

(1.) This order will dispose of Original Petition No. 230/ 93 filed by M/s. Sheela Constructions Pvt. Ltd. against Nainital Lake Development Authority and Divisional Forest Officer, Forest Department, Van Prabhag, Nainital, U.P. and Original Petition No. 249/93 filed by M/s. Kripalu Constructions Pvt. Ltd. against Nainital Lake Development Authority, Chief Forest Officer beside Chief Secretary of the Government of U.P. and Commissioner, Kumaun Mandal, Nainital, U.P.

(2.) Greater Nainital Development Authority was formed in the year 1984. A proposal was passed in the Board meeting of the Authority to launch a sub-city in village Khurpatal for the purpose of reducing the pressure of population in Nainital. A proposal was made and passed to acquire 172 Nali land of Village Khurpatal which was later acquired by the Government. A project report and plans of the scheme were got prepared from Roorkee University and a proposal was also passed to get the financial help to the Board. In the year 1989, after dissolution of the Greater Nainital Development Authority, Nainital Jheel Special Area Development Authority was formed by the Government. A decision was taken in the meeting of the newly formed Development Authority held on 19.1.91 to auction six plots of 2000 sq. mtr., each on the premium basis with the purpose of making the said scheme as self-financing. After this proposal was approved in the Board meeting of the Authority on 27.9.91, a decision was taken to auction 12000 sq. mtr. of land out of 35000 sq. mtr. acquired land of Khurpatal for group housing purpose and in the balance land to provide Amusement Park, Commercial Centre, hospital, CPWD guest house, resorts, school etc.

(3.) After the approval of the Board was taken, the Nainital Lake Development Authority issued an advertisement. One such advertisement in Hindustan Times dated 10.8.91 is in the following terms :