Allahabad High Court
Meerut Public School (Trust) vs U.P. Housing And Development ... on 18 July, 2023
Bench: Mahesh Chandra Tripathi, Prashant Kumar
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Neutral Citation No. - 2023:AHC:142972-DB
Court No. - 40
Case :- WRIT - C No. - 21787 of 2023
Petitioner :- Meerut Public School (Trust)
Respondent :- U.P. Housing And Development Board And 4 Others
Counsel for Petitioner :- Shantanu
Counsel for Respondent :- C.S.C.,Vivek Saran
Hon'ble Mahesh Chandra Tripathi,J.
Hon'ble Prashant Kumar,J.
1. Heard Shri Shantanu, learned counsel for the petitioner; learned Standing Counsel and Shri Vivek Saran, learned learned counsel for respondent nos.1 to 4.
2. Present writ petition has been preferred for following reliefs:-
"(i) issue a writ, order or direction in the nature of mandamus and thereby commanding the respondents to provide the peaceful physical possession to the petitioner over the allotted school land/ Plot No.5/1, Sector-5, Area 12000 Sq. Mtr. (Education Land) Jagrati Vihar Extension No.11, Meerut.
(ii) issue a writ, order or direction in the nature of mandamus and thereby commanding the respondents to pay appropriate compensation to the petitioner for the financial loss and mental harassment.
(iii) issue a writ, order or direction in the nature of mandamus and thereby commanding the respondents not to impose any kind of penalty upon the petitioner due to delay in taking the possession over the allotted school land/ plot and doing the construction.
(iv) issue a writ, order or direction in the nature of mandamus and thereby commanding the respondents to provide appropriate security to the allottee-petitioner, in case, possession is handed over to him.
(v) issue a writ, order or direction in the nature of mandamus and thereby commanding the respondents to complete the construction and development work on the site expeditiously."
3. The grievance of the petitioner is that it had purchased the aforesaid land for the purposes of constructing a school on 18.11.2019 and lease was also executed on 20.3.2020 but inspite of best endeavour till date the actual physical possession of the land in question has not been provided to the petitioner, therefore, the school could not be established over the allotted land in question and as such the petitioner is sufferring irreparable loss and injury.
4. Learned counsel for the petitioner has submitted that similar controversy has earlier been raised before this Court by way of Writ-C No.8494 of 2023 (Anju Sharma & Ors. v. U.P. Housing and Development Board & Ors.) in which indulgence was accorded by this Court vide order dated 11.5.2023 directing the respondents to immediately hand over the house/ open land to the petitioners and as such it is submitted that the petitioner being on similar footing is also entitled for similar indulgence. For ready reference, the order dated 11.5.2023 is quoted as under:-
"1. Grievance of the petitioners is that they have purchased the house/open land, as described in paragraph-8 of the writ petition, from U.P. Housing and Development Board. However, possession of the same has not been given to the.
2. Counsel appearing for Housing Board submits that possession of the said house/open land has already been given to the petitioners and there remains nothing to be adjudicated. He further submits that in case, the possession is not given, the same would be given within two weeks from today in presence of Officer to be nominated by the District Magistrate.
3. Learned counsel appearing for the State has also assured the Court that due assistance would be provided to the Housing Board and to maintain law and order.
4. In view of the above, this petition is disposed of directing respondent no. 1 to immediately hand over the said house/open land to the petitioners, if already not given, in presence of the Officer nominated by the District Magistrate. State Counsel further to ensure that all parties appear before respondent no. 4 on 30th of May, 2023."
5. So far as factual and legal aspect is concerned, the same could not be disputed by learned counsel for the respondents.
6. Considering the facts and circumstances of the case, we find that present matter is squarely covered by the judgment in Anju Sharma & Ors. (Supra) and as such present writ petition is also disposed of in terms of Anju Sharma & Ors. (Supra).
Order Date :- 18.7.2023
SP/
