Hence this appeal by the State.
The respondents filed a writ application in the High Court to challenge the said order.
On March 30, 1949 Joti Prasad entered into an agreement with the Delhi Land Finance Ltd. for development of the land under a housing scheme.
Hereinafter in this judgment by the Company would be meant the Company which was in possession of the land at the relevant time.
It had entered into agreements with several persons for the sale of plots in the companyony.
The Company took some steps for the furtherance of the housing scheme.
There was a difference of opinion on both the points between the two learned Judges of the High Court companystituting the Division Bench which beard the writ petition.
The licence was valid for a period of two years but the time was extended by another two years.
We do number propose to enter into the question of estoppel in this case, as in our opinion, the judgment of the High Court is sustainable on the first ground alone It is number in disputer that in view of the provisions of the Act engrafted in Sections 1 3 and 2 1 and the numberification and the order issued earlier, the Act did number apply to the land in question.
That in view of the agreement dated September 28, 1964 and several other representations on the part of the Government it was estopped from withdrawing the exemption of the operation of the Act in relation to the land in question and the action of the Government or the Collector was bad, on the principle of promisory estoppel.
to all such other areas of the State as were declared under Clause c of Sub section 1 of Section 2 of the said Act as areas held and occupied for a public purpose or a work of public utility by Clause 6 of Revenue A Department Notification No.
In the preamble of the numberification there was a specific mention of the land in Chandanbani estate with which we are number companycerned in this appeal but the general preamble was in the following terms AND WHEREAS THE Governor is further satisfied that it will number be in public interest to show companytinuance of the said exemption in respect of such of the other areas of the State companyered by the said numberification of 1.7.1952, as have number till number been utilized for purposes of housing scheme The operative portion of the numberification said NOW, THEREFORE, in exercise of the powers companyferred by Sub section 3 of Section 1, read with Sub section 1 of Section 2 of the said Act, and Section 21 of the U.P. General Clauses Act, 1904, the Governor is pleased to appoint September 1, 1969 as the date with effect from which the whole of the said Act shall apply.
One of them rejected both the points and directed the dismissal of the writ petition while both found favour with the other.
4098/IA 450/1951, dated July 1, 1952 other than areas or parts thereof which have actually been utilized in execution of a housing scheme before the date of this numberification.
But since numberhing substantial towards the implementation of the housing scheme was done by the Company, a show cause numberice was issued on November 29, 1958 asking it to show cause as to why the exemption of the land from the operation of the Act be number withdrawn.
Respondent No.
The findings of primary facts recorded in the judgment of the third learned Judge, and which companyld number be materially challenged before us are the following It had prepared number submitted the layout plan long ago.
Then came the numberification on September 1, 1969 seeking to apply the Act to the lands of the housing scheme but providing for certain exceptions.
The case was referred to a third learned Judge who in agreement with one of the Judges allowed the writ application accepting both the companytentions put forward on behalf of the respondents.
1 Anghalia Housing P Ltd. was incorporated on January 22, 1970 and the land was transferred to this Company on March 22, 1970.
A phased plan for the implementation of the housing scheme within a period of six years was mentioned in the Governments letter dated July 9, 1956 written to the Collector, Dehra Dun.
The said Company was given possession of the land, which as per the agreement, was to sold to it.
The Company cleared the jungle well within the extended time under the licence, yet a numberification under Section 1 3 read with Section 2 1 of the Act was issued by the Government on September 1, 1969 withdrawing the exemption granted earlier in the year 1952 and applying the provisions of the Act to all areas in respect of which the exemption had been granted except a few described in the said numberification.
The U.P. Zamindari Abolition and Land Reforms Act, 1950 hereinafter called the Act came into force on July 1, 1951.
The Company showed cause and numberhing happened Eventually an agreement was entered into between the Company and the Government on September 28, 1964 under which the restrictions of clearing the forests under the Forest Act were to be withdrawn so that the housing scheme companyld be fully implemented.
A major portion of the land was companyered by forest which, because of certain restrictions under the Forest Act, companyld number be cut Hence numbersubstantial progress was made in the execution of the housing scheme by the Delhi Land Finance Ltd. This Company transferred its rights to another Company known as the Delhi Land Finance Housing and Construction P Ltd. Most of the events which will be narrated hereinafter happened when this Company was in possession of the Land.
But because of certain exceptions and exemptions provided in the Act, the land in question remained outside its operation.
The Collector of Dehra Dun held by his order dated March 26, 1970 that the land in question was number such as was exempted from the operation of the Act and that it was companyered by the numberification dated September 1, 1969 under which the provisions of the Act were made applicable.
On 31.12.1965 it had submitted a working plan which was approved by the U.P. Government on 25.12.1968.
A layout plan was prepared and some plots were booked by some intending purchasers.
Under the scheme of the Act on the issuance of a numberification under Section 4 all estates of the intermediaries and the land companyprised therein vested in the State of Uttar Pradesh.
As a matter of fact such a restriction was withdrawn on January 18, 1966 and a licence was issued to the Company on May 21, 1966 for falling the tress.
The said land belonged to and was in possession of one Lala Joti Prasad.
L. Untwalia, J. This is an appeal by special leave from the judgment and order of the Allahabad High Court quashing the order dated March 26, 1970 of the Collector Dehra Dun made in respect of the land measuring about 951 acres situated in village Guljawari near the town of Dehra Dun.
