Azim Ahmad Kazmi And Ors vs State Of U.P. And Anr

2. A lease-deed of the demised premises was executed by the respondent- State in favour of the appellants on 19th March, 1996 followed by a renewal of lease dated 17th July, 1998. The State Government vide order dated 15th December, 2000 cancelled the lease deed and proceeded to resume the demised premises which was informed to the appellants by the District Magistrate, Allahabad on 11th January, 2001. The objection preferred by the appellants was rejected on 24th August, 2001. The appellants preferred a writ petition against the order dated 15th December, 2000 passed by the State Government, the notice dated 11th January, 2001 and the order dated 24th August, 2001 passed by the District Magistrate, Allahabad which was dismissed but with the observation that the State Government is not entitled to take forcible possession though it may take possession of the demised premises in accordance with the procedure established by law. The appellants are aggrieved against the dismissal of the writ petition whereby the order of cancellation of lease deed was affirmed, whereas the State Government is aggrieved against the last portion of the order whereunder it was mentioned that the State Government is not entitled to take forcible possession though it may take possession in accordance with the procedure established by law.

3. The dispute relates to Plot No. 59, Civil Station, Allahabad having an area of 1 acre and 4272 sq. yards (9112 sq. yards or 7618 sq. meters). Initially, a lease of aforesaid plot was granted in favour of one Thomas Crowby for a period of 50 years on 11th January, 1868 by the then Secretary of State for India in Council and it was signed by the Commissioner of Allahabad Division. A fresh lease was executed in favour of his successor for another period of 50 years on 12.4.1923 which was to operate from 1.1.1918. With the permission of the Collector, Allahabad, the successors of the lessee transferred their lease hold rights in favour of one Purshottam Das in the year 1945. According to appellants on 31st October, 1958, the legal representative of said Purshottam Das transferred the lease-hold rights in favour of appellant no. 7-Smt. Shakira Khatoon Kazmi, appellant no. 6- Smt. Sabira Khatoon Kazmi and their mother-Smt. Maimoona Khatoon Kazmi. The appellant no. 1- Azim Ahmad Kazmi, appellant no. 5- Omar Ahmad Kazmi, appellant no. 2- Shamim Ahmad Kazmi, appellant no. 3- Alim Ahmad Kazmi and appellant no. 4- Maaz Ahmad Kazmi are heirs of late Smt. Maimoona Khatoon Kazmi. The lease, which had been granted on 12th April, 1923 expired on 31st December, 1967 but the same was not renewed for a long period. Subsequently, a fresh lease deed was executed on behalf of Governor of Uttar Pradesh in favour of some of the appellants and their ancestors on 19th March, 1996 for a period of 30 years which was to operate with effect from 1.1.1996. This deed contained a clause that the lease deed may be renewed for two successive terms of 30 years each but the total period shall not exceed 90 years including the original term. The period of this deed expired on 31st December, 1997 and on 17th July, 1998 which was renewed for a further period of 30 years w.e.f. 1st January, 1998. Subsequently the State Government passed an order on 15th December, 2000 for cancelling the lease deed and resuming the possession of the plot in question. The District Magistrate, Allahabad, thereafter gave a notice dated 11th January, 2001 to the appellants intimating them that the State Government had passed an order dated 15th December, 2000 cancelling the lease and resuming possession of the plot in question as the same was required for a pubic purpose. The notice further mentioned that the appellants should remove the structure standing on the plot failing which possession will be taken in accordance with clause 3(c) of the lease deed. The appellants filed an objection against the notice before the District Magistrate on 2.2.2001. They further claimed to have sent an objection to the Chief Minister of Uttar Pradesh on 31.1.2001 praying for revocation of the order of the State Government dated 15.12.2000. The District Magistrate considered the objection and rejected the same by an order dated 24.8.2001. A copy of the aforesaid order along with cheques representing the compensation for the building standing over the plot (cheques for total amount of Rs.10 lakhs) were served upon the appellants. The respondent-State tried to dispossess the lease on 1.9.2001 and their stand was that the possession of open land was taken. It was at that stage when the writ petition was filed and a stay order was passed by High Court on 2nd September, 2001 staying the dispossession of the appellants. The writ petition was subsequently dismissed on merit.

16. The first question is thereby answered in negative, against the appellants and in favour of the respondents.

20. Under Clause 3(C) of the lease deed, the respondent-State was permitted resumption of the land which required for its own use or for public purpose and after giving one month’s clear notice in writing is entitled to remove any building standing at the time on the demised premises and within two months of the receipt of the notice to take possession thereof subject to the condition that if the lessor is willing to purchase the building of the demised premises required to pay the lessee the amount for such building as may be determined by the Secretary to Government of U.P. in the Awas Department. In the case in hand such procedure was followed. Therefore, we are of the view that there is no other procedure or law required to be followed, as a special procedure for resumption of land has been laid down under the lease deed. As a special procedure for resumption of land is prescribed under the lease deed, the High Court was not correct in holding that the State Government cannot dispossess the appellants but can take possession according to the procedure adopted by any other law. The finding of the High Court to such extent is set aside but the rest portion of the judgment affirming the order of the State Government dated 15th December, 2000, the notice dated 11th January, 2001 and an order passed by the District Magistrate dated 24th August, 2001 is upheld. The appeal preferred by appellants Azim Ahmad Kazmi & Ors. is dismissed and the appeal preferred by the State of U.P. and Anr. stands disposed of with aforesaid observations. The interim order of stay is vacated. The State Government is allowed to take possession of the demised premises for extension of High Court building etc., as decided. However, the appellants are given three months time to hand over the possession of the land and building to the State and, if so necessary, the State Government will issue a fresh cheque for rupees ten lakhs in favour of the appellants, if earlier cheque has expired and not encashed. If the appellants fail to handover the possession of demised premises or create any third party interest in such case the State Government and the District Magistrate, Allahabad in particular will take forcible possession of the demised premises.