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Issues Involved:
1. Renewal of Nazul land leases in Civil Lines, Allahabad. 2. Applicability of the doctrine of promissory estoppel. 3. Validity and repugnancy of the 1981 government order with the Urban Land Ceiling Act, 1976. 4. Right to fresh leases under government orders and the Nazul Manual. 5. Application of Article 14 of the Constitution of India. 6. Effect of failure of the Collector to issue notices to lessees. 7. Individual and illustrative cases involving specific legal and factual issues. Detailed Analysis: 1. Renewal of Nazul Land Leases: The judgment addresses the prolonged issue of renewing Nazul land leases in Civil Lines, Allahabad. Initially, the government issued orders in 1959 and 1960 to renew leases on specific terms. Despite compliance by many lessees, the leases were not renewed, leading to claims of promissory estoppel and allegations of arbitrary government actions. The government's policy shifted over the years, imposing stricter conditions and reducing the area for renewal, which led to further disputes. 2. Doctrine of Promissory Estoppel: The court examined whether the lessees could invoke the doctrine of promissory estoppel against the government. It was held that the government's conduct over the years, including issuing orders and accepting premiums, created a binding contract. The court emphasized that the government could not backtrack on its promises, especially when lessees had altered their positions based on those promises. The principle of promissory estoppel was applied to bind the government to its earlier assurances. 3. Validity and Repugnancy of the 1981 Government Order: The court scrutinized the 1981 government order, which imposed new terms for lease renewal, against the Urban Land Ceiling Act, 1976. It was held that the state government could not issue orders that conflicted with the Central Act. The 1981 order was found to be invalid and repugnant to the Urban Land Ceiling Act, as it attempted to reduce the area for lease renewal below the ceiling limit prescribed by the Act. 4. Right to Fresh Leases Under Government Orders and the Nazul Manual: The judgment affirmed that lessees who had complied with the terms of the 1959 and 1960 orders had a right to fresh leases. The court rejected the argument that the leases could only be renewed by the state government, noting that renewals had been done by the Commissioner and Collector in the past. The court held that the government's failure to renew the leases despite compliance by lessees was unjust and arbitrary. 5. Application of Article 14 of the Constitution of India: The court addressed the issue of discrimination under Article 14, noting that the government had treated some lessees favorably while denying similar treatment to others without any intelligible differentia. The court held that the government's actions violated the principle of equality and directed that all lessees who had complied with the terms should be treated equally. 6. Effect of Failure of the Collector to Issue Notices to Lessees: The court held that the failure of the Collector to issue notices to some lessees was discriminatory. Since the issuance of notices was mandatory for the renewal process, the court directed that notices be issued to all lessees who had not received them, and their premiums be determined based on the 1959-60 orders. 7. Individual and Illustrative Cases: The judgment discussed several individual cases with unique facts, such as those involving evacuee property and joint residential and commercial use. In each case, the court applied the principles of promissory estoppel and Article 14 to grant relief to the petitioners. For instance, in Civil Misc. Writ No. 7226 of 1981, the court held that the petitioner was entitled to renewal of the lease for 25 years without any premium due to the specific conditions of the sale of evacuee property. Conclusion: The court allowed the petitions, directing the government to: 1. Grant fresh leases to lessees who had deposited premiums based on the 1959-60 orders. 2. Issue notices to lessees who had not received them and determine their premiums. 3. Finalize the premiums for lessees whose cases were pending. 4. Determine premiums for properties used for both residential and commercial purposes. 5. Ensure compliance with the Urban Land Ceiling Act, 1976, after granting fresh leases. The judgment emphasized fairness, equity, and adherence to constitutional principles in government actions.
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