Rohit Arya And Others vs State Of Uttar Pradesh And Others

Ramesh Ranganathan, CJ

Writ Petition (M/S) No. 01 of 2012 has been filed by the U.P. Avas Evam Vikas Parishad against the State of Uttarakhand and others. Writ Petition (M/S) No. 670 of 2015 has been filed by the Uttarakhand Avas Evam Vikas Parishad against the U.P. Avas Evam Vikas Parishad and others. Writ Petition (M/S) No. 302 of 2008, Writ Petition (M/S) No. 939 of 2008, Writ Petition (M/S) No. 1030 of 2010, Writ Petition (M/S) No. 896 of 2017 and Writ Petition (M/S) No. 911 of 2018 have been filed by several individuals and firms against the U.P. Avas Evam Vikas Parishad, the State of U.P. and others, and the State of Uttarakhand.

All the aforesaid Writ Petitions are listed before us on a reference made by the learned Single Judge by his order in Writ Petition (M/S) No. 1030 of 2010 and batch dated 07.08.2019. The learned Single Judge was of the view that the earlier order passed by a Division Bench of this Court, in Writ Petition (PIL) No. 1375 of 2005 dated 21.03.2006 interpreting Sections 43 and 60 of the Uttar Pradesh Re-organization Act, 2000, necessitated re-consideration. The learned Single Judge also opined that the other question, which necessitated examination, was whether the dispute was actually between two Parishads or between two States in which event it is only the Supreme Court which can exercise jurisdiction under Article 131 of the Constitution of India.

We are, however, saved the trouble of examining the scope and ambit of Sections 43, 60 and 67 of the Uttar Pradesh Re-organization Act, 2000 in view of subsequent events, which we shall take note of a little later in this order. Before that, it is necessary to briefly note the issues involved in this batch of Writ Petitions.

Even after the State of Uttarakhand was created on 09.11.2000, the U.P. Avas Evam Vikas Parishad (for short the "U.P. Parishad) continued to exercise jurisdiction over the lands and buildings, located within the present State of Uttarakhand, which it claimed to own. The State of Uttarakhand, by its letters dated 17.03.2006 and 07.12.2006, directed the U.P. Parishad not to sell or construct any buildings on lands located within the State of Uttarakhand. Despite these specific directions, the U.P. Parishad continued to carry on its operations in the State of Uttarakhand.

The Uttarakhand Avas Evam Vikas Parishad (for short the "Uttarakhand Parishad") was initially constituted by way of Government Order dated 04.11.2009, and was subsequently established by the provisions of the Uttarakhand (Uttar Pradesh Awas Avam Vikash Parishad Act, 1965) (Amendment) Act, 2009 w.e.f. 06.01.2010. Even after the Uttarakhand Parishad was established, the U.P. Parishad continued its operations in the State of Uttarakhand. Several individuals participated in the auctions conducted by it, some of whom were allotted plots and, among those who were allotted plots, sale deeds were executed in favour of some of them. However, on the Uttarakhand Parishad invoking the jurisdiction of this Court by filing Writ Petition (M/S) No. 670 of 2015, an interim order was passed on 20.03.2015 prohibiting auction, sale, allotment etc. of plots by the U.P. Parishad on lands located within the State of Uttarakhand.

While matters stood thus, a meeting was held between the Commissioner, Housing Board of both the States of Uttar Pradesh and Uttarakhand, representing both the U.P. Parishad and the Uttarakhand Parishad. The Minutes of the Meeting dated 17.08.2019 records the approval, of both the U.P. Parishad and the Uttarakhand Parishad, to a Memorandum of Understanding dated 17.08.2019, subject to the approval of the Board of Directors of both the U.P. Parishad and the Uttarakhand Parishad. While the Board of Directors of the Uttarakhand Parishad accorded approval, to the Memorandum of Understanding, on 03.09.2019, the Board of Directors of the U.P. Parishad accorded its approval to the said Memorandum of Understanding, in terms of Agenda Item No. 248 of 2017, on 09.10.2019.

While the Memorandum of Understanding dated 17.08.2019 provides for several contingencies, it is unnecessary for us to refer to its contents, in the present proceedings, for both the U.P. Parishad and the Uttarakhand Parishad have agreed to settle the issues between them in terms of the said Memorandum of Understanding dated 17.08.2019.

In the light of the Memorandum of Understanding dated 17.08.2018, as approved by both the U.P. Parishad and the Uttarakhand Parishad, the cause in Writ Petition (M/S) No. 01 of 2012 and Writ Petition (M/S) No. 670 of 2015 no longer survives. It would suffice, therefore, to dispose of both these Writ Petitions recording the submission of Mr. B.S. Adhikari, learned counsel for the U.P. Parishad and Mr. Rahul Consul, learned counsel for the Uttarakhand Parishad, that the issues between both the Parishads shall be amicably resolved in terms of the Memorandum of Understanding dated 17.08.2019.

In so far as Writ Petition (M/S) No. 302 of 2008, Writ Petition (M/S) No. 939 of 2008, Writ Petition (M/S) No. 1030 of 2010, Writ Petition (M/S) No. 896 of 2017, Writ Petition (M/S) No. 911 of 2018, filed by some individuals and firms, are concerned, suffice it to direct both the U.P. Parishad and the Uttarakhand Parishad to examine the claim of the petitioners in these Writ Petitions, and take a decision thereupon at the earliest and, in any event, within three months from the date of production of a certified copy of this order. The decision taken jointly, by both the Parishads or by the Commissioners representing them, shall be communicated to the petitioners, in the aforesaid Writ Petitions, within the aforesaid period of three months.

In case any action is required to be taken by the State Government on any particular issue, relating to the aforesaid Writ Petitions, the Commissioners representing both the Parishads shall, after a decision is taken by them together, request the Government of Uttarakhand to take necessary action. On such a request being made, the Government of Uttarakhand shall examine the matter and take an appropriate decision in accordance with law at the earliest and, in any event, within one month from the date of receipt of a joint request from the Commissioners of both the Parishads.

Needless to state that in case the petitioners, in Writ Petition (M/S) No. 302 of 2008, Writ Petition (M/S) No. 939 of 2008, Writ Petition (M/S) No. 1030 of 2010, Writ Petition (M/S) No. 896 of 2017, Writ Petition (M/S) No. 911 of 2018, are still aggrieved either by the decision taken jointly by both the Parishads, or by the State of Uttarakhand thereafter, it is always open to them to avail their judicial remedies in accordance with law.

In the light of the circumstances mentioned hereinabove, the questions referred to us are left open for examination, if need be, later in subsequent legal proceedings.

All the Writ Petitions are, accordingly, disposed of. No costs.