SC quashes land allotment made by UP CM 42 yrs ago
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Last Updated: Friday, June 04, 2010, 22:10
New Delhi: The Supreme Court has quashed the allotment of land made to an individual in Ghaziabad 42 years ago by the then Chief Minister on the ground that he had no authority to make such a recommendation.

A bench of Justices B S Chauhan and Swatanter Kumar held that the land was alloted on the recommendations of the Chief Minister on a representation made by the allottee Manohar Lal, bypassing other statutory authorities.

In this case, Lal was alloted a commercial piece of land in Ghaziabad Sector 3N on December 27, 1979 which was challenged by certain aggrieved persons. The land was alloted to Lal in lieu of the acquisition of his land by the authorities for some public purpose.

Under the rules, Lal and other allotees were entitled to only alternative residential plots, but he was alloted a commercial land.

Quashing the allotment, the apex court said, "Any allotment made in favour of Manohar Lal so far, had been illegal as the application could not have been entertained by the Chief Minister and further, (the) appellant could not get allotment in commercial area.

"The Land Policy provided only for allotment of land in residential area," the bench said.

The apex court said that Lal also did not disclose true facts of the case during the 40 years of the litigation.

"We are of the considered opinion that Shri Manohar Lal did not approach the court with disclosure of true facts, and particularly, that he had been allotted the land in the commercial area by GDA on the instruction of the Chief Minister of Uttar Pradesh.

"It is a fit case for ordering enquiry or initiating proceedings for committing criminal contempt of the court as the parties succeeded in misleading the court by not disclosing the true facts," the bench observed.

The apex court said it did not want to pass any adverse orders for various reasons.

"Our experience has been that the so-called administration is not likely to wake up from its deep slumber and is never interested to redeem the limping society from such hapless situations.

"We further apprehend that our pious hope that administration may muster the courage one day to initiate disciplinary/criminal proceedings against such applicants/ erring officers/employees of the authority, may not come true.

"However, we leave the course open for the State Government and GDA to take decision in regard to these issues and as to whether GDA wants to recover the possession of the land already allotted to these applicants in commercial area contrary to the Land Policy or value thereof adjusting the amount of compensation deposited by them, if any," the bench added.


First Published: Friday, June 04, 2010, 22:10

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