L. M. QUDDUSI, J. ( 1 ) BY means of the present writ petition the petitioner has prayed for a writ in the nature of certiorari quashing the order dated 25-4-1995 passed by the District Magistrate, Allahabad refusing to grant no-objection certificate pertaining to the lay out plan submitted by the petitioner for the proposed construction to the Allahabad Development Authority on the land in question with a further prayer that a writ in the nature of mandamus be issued commanding the opposite parties that a no-objection certificate is required to be obtained from the District Magistrate State Government and in alternative to the second relief commanding the District Magistrate, Allahabad to pass orders and to grant no-objection certificate to the petitioner. ( 2 ) THE brief facts of the case are that on 1-41930 the Governor of the erstwhile United Provinces executed 8 lease-deeds in favour of M/s Allahabad Bank in respect of plot Nos. 112, 113, 114, 118, 119, 120, 121, 122 and 123 measuring 9 acres 1 rod and 211. 25/36 yards situated at Mauja Bhawapur, Mustarkharja, Pargana and Tehsil Chail, district Allahabad and thereafter on 29-5-1940 the Governor of the State executed a single lease deed in substitution of the aforesaid 8 lease deeds in favour of M/s Allahabad Bank Limited with regard to the aforesaid land. The contents of the lease-deed are reproduced as under :"now this deed witnesses that in consideration of the rent of the Lease hereinafter contained the Lessor doth hereby demise unto the Lessee all that plot of land described in the Schedule hereunder written and with the boundaries thereof for greater clearness delineated or shown on the plan annexed to these presents and thereon coloured red To HOLD the said premises unto the Lessee for the term of thirty years from the first day of April, 1930 RENDERING THEREFOR during the said term the yearly rent of Rs. 348. 348. 00 (Rupees three hundred and forty-eight) clear of all deductions by equal half-yearly payments on the first day of August and the first day of February in each year at the office of the Government Estates Allahabad or at such other place as the Collector of Allahabad may from time to time appoint in his behalf, the first of such payments to be made on First day of August next and the Lessee doth hereby covenant with the Lessor that during the said term the Lessee will pay the yearly rent hereby reserved on the days and in the manner hereinbefore appointed and also will pay and discharge all rates, taxes charges and assessments of every description which are now or may at any time hereafter be assessed charged or imposed upon the said premises or the building to be erected thereon or the landlord or tenant in respect thereof and also will at the Lessees own cost erect within five Calendar years from the date of these presents for habitation and use on such parts of the said premises as are marked out on the plan hereto annexed at dwelling house with suitable outbuildings according to a plan and elevation to be approved off by the said Collector. AND ALSO THAT no part of the external elevation or plan of such dwelling house or out buildings shall at any time be altered or varied from the original elevation or plan thereof without the written consent of the Collector of Allahabad and no other building shall be erected on the said premises without the like consent, ALSO that the Lessee will at all time repair support and keep in good and substantial condition and repair such dwelling house and out buildings both externally and internally and also the boundary and other walls, sewers, drains, rails, gates, fences and fixtures of or connected with the same, will permit the Lessor or his Agents once in an every year in the day time after 40 hours previous notice in writing to enter into upon and view the condition of such buildings and give notice in writing to the Lessee of any defects or want of reparation there found or leave such notice upon the premises with defects or want of reparation the Lessee will within three Calendar months after such notice repair and amend accordingly, ALSO will not at any time carry on or permit to be carried on upon the said premises any trade or business whatsoever or use the same for any other purpose than as an private dwelling without the consent in writing of the Collector of Allahabad first and obtained, ALSO will upon every assignment of the said premises or any part thereof or within one calendar month thereafter deliver notice of such assignment to the Collector of Allahabad setting forth the names and description of the parties to such assignment and the particulars and effect thereof, ALSO will yield upto the Lessor the said premises with such dwelling house and out buildings in good and substantial repair on the expiration or sooner, determination of the said term PROVIDED ALWAYS that if and whenever the said rent or any part thereof shall be in arrear and unpaid for the space of one calendar month whether the same shall have been lawfully demanded or not or if there shall be a breach of non-observance of any of the covenants by the Lessee hereinbefore contained then and in any such case the Lessor (notwithstanding the waiver of any previous cause or right of re-entry) may reenter upon the said premises and expend the lessee and all occupiers of the same therefrom and this demise shall absolutely determine and the Lessee shall forfeit all right to remove or recover any compensation for any buildings erected by the Lessee on the said premises and the Lessor hereby covenants with the lessee that he will at the request and cost of the lessee at the end of the said term of year and so on from time to time hereafter at the end of each successive term of years that may be granted execute to the lessee a new lessee of the said premises by way of renewal for the term of thirty years PROVIDED ALWAYS that SUCH RENEWED TERMS OF years as may be granted shall not with the term of years hereby granted exceed in the aggregate the period of ninety years and that the Lessor shall not be bound to grant any renewal except, at the rate of rent then being paid for the said premises or as he may elect at such enhanced rate not exceeding 50 per cent of the rent payable during the period immediately preceding the renewal as may be assessed by the Collector of Allahabad regard being had to the circumstances of the said premises and to the market value of similar plots in the neighbourhood which assessment shall be final save that if on any re-assessment of the rent of the said premises the rent than payable shall be increased by more than 40 per cent, the Lessee shall have a right of appeal to the Commissioner of Allahabad division whose decision shall be final, save as to the amount of the rent to be thereby reserved and as to the period (if any) or renewal every renewed lease of the said premises shall contain such of the covenants provisions and conditions in these presents contained as shall be applicable PROVIDED ALSO that the Expressions "the Lessor" and "the Lessee" hereinbefore used shall unless such an interpretation be inconsistent with the context include in the case of the former his successors and assigns and in the case of the latter its successors and assigns. "thereafter M/s Allahabad Bank Limited vide a Deed dated 27-3-1941 assigned its leasehold rights with regard to the land in question in favour of M/s Newspapers Limited, Allahabad. The relevant part for consideration of the deed is quoted below :"whereas the vendors aforesaid have agreed to all and convey and the vendee aforesaid have agreed to purchase all the parcel or parcels of the land situate on plot Khasra numbered 112, 113, 114, 118, 119, 120, 121,122 and 123 in Bhawapur, Allahabad held by the aforesaid vendors, under eight leases executed by the Secretary of State for India in Council on the fifth day of July 1930 in favour of the aforesaid vendors and in lieu whereof one consolidated new lease dated the twenty nineth day of May, 1940, has been granted by the Governor of the United provinces in favour of the aforesaid vendors, for a term of thirty years from the first day of April, 1930 together with all houses, out-houses, stables and other structures of all and every description standing on the aforesaid parcel or parcels of land more specifically described in the schedule and written hereunder and with the boundaries thereof for greater clearness delineated or shown on the plan, accompanying the said new lease. Now this Indenture witnesseth that in pursuance of the Agreement the vendors hereby sell and convey absolutely and without any reservation and free from any encumbrances, charge right of way or any other easement adverse to the lessees rights, all their interest in the said parcel or parcels of the land as lessees and all the houses, outhouses, stables and other structures thereon, and trees, in consideration of a sum of Twenty Thousand Rupees, the receipt of which the vendors do hereby acknowledge. The vendees shall hold the said parcel or parcels of land together with the houses, outhouses, stables and other constructions belonging thereto for their use and occupation absolutely, the vendors hereby convenanting with the vendees that the former shall be liable for any Municipal taxes and ground rents that might have become due and remained unpaid till the date of sale. . . . . "on 20/09/1965 the Governor of Uttar Pradesh renewed the lease deed in favour of M/s News Papers Limited, Allahabad with certain conditions in which one of the conditions (condition No. 7) was that the lessee without the prior written permission of the lessor shall not do itself or allow to do anybody else any commercial activity or business over the land in question and shall not use the land for other purpose than the construction of own private dwelling houses. The lease deed is in Hindi. Condition No. 7 of the same being relevant is reproduced as below : ( 3 ) THEREAFTER an Agreement between the Governor of Uttar Pradesh and the News Paper Limited was made on 30/11/1989 in which it was, inter-alia, indicated that by an Indenture dated 27/03/1941 executed between the Allahabad Bank Limited and the Newspapers Ltd. the successor in interest to the lessor herein, registered as No. 442 book No. 1 Volume 752 on pages 181 to 183 dated 31-3-41 of the Office of Sub-Registrar at Allahabad and the Bank sold and transferred its interest in the demised land and premises to the Newspapers Limited, subject to the terms and conditions contained in the principal deed. It was also mentioned that in the renewal of lease deed dated 20/09/1965 some mistakes had occurred about the terms and conditions of the lease and, as such, the same requires rectification. With other things mentioned in the said Agreement, it was specifically mentioned that save except so far as the same is expressly varied or rectified by these presents all other terms and conditions of the Principal deed and the first deed of renewal shall remain effective and binding on the parties upto 31/03/1990 and the terms and condition contained in the Principal deed shall remain effective and binding on the parties hereto and the provisions of the first deed of renewal of so far as they are contrary to and inconsistent with those as contained in the Principal deed shall be deemed to be ineffective and inoperative from the 1st day of April, 1960. ( 4 ) THE second renewal of lease was made on 5/12/1989 renewing the lease from 1/04/1990 for a further period of thirty years ending 31st March, 2020. ( 4 ) THE second renewal of lease was made on 5/12/1989 renewing the lease from 1/04/1990 for a further period of thirty years ending 31st March, 2020. In the second renewal deed it was specifically mentioned that the rectification deed for removal of defects in lease deed dated 20-9-65 as aforesaid was executed on 30/11/1989 and presented for registration on the same day at Sub Registrar Chail , Allahabad and the renewal ends on 31/03/1990 as per rectification deed and the terms of the Principal Deed were also made applicable to the renewal lease deed as per rectification deed dated 30/11/1989. ( 5 ) IN the aforesaid second renewal lease deed it was also written that a plan was annexed and dwelling house or out buildings shall at any time be altered or varied from the original elevation or plan thereof without the written consent of the Collector as per Principal deed and no other building shall be erected on the said premises without the like consent and sanction of the Collector and the lessee will not at any time carry on or permit to be carried on upon the said premises any trade or business whatsoever or use the same for any other purpose. The relevant portion of the second renewal lease deed is quoted below :" Lessee will. . . . . . . . . . . . . . . . . . . , not at any time carry on or permit to be carried on upon the said premises any trade or business whatsoever or use the same for any other purpose, ALSO will upon every assignment of the said premises or any part thereof or within one calendar month thereafter deliver a notice of such assignment to the Collector of Allahabad setting forth the names and description of the parties to such assignment and the particulars and effect thereof,, ALSO will yield up to the Lessor the said premises with such dwelling house and out buildings in good and substantial repair on the expiration or sooner determination of the said term. "provided ALWAYS that if and whenever the said rent or any part thereof shall be in arrear and unpaid for the space of one calendar month whether the same shall have been lawfully demanded or not or if there shall be a breach or non observance of any of the covenants by the Lessee hereinbefore contained then and in any such case the Lessor (notwithstanding the waiver of any previous cause of right of re-entry) may re-enter upon the said premises and expel the Lessee and all occupiers of the same therefrom and this demise shall absolutely determine and the Lessee shall forfeit all right to remove or recover any compensation for any buildings erected by the Lessee on the said premises, the Lessor hereby covenants with the Lessee that he will at the request and cost of the Lessee at the end of the said term of years and so on from time to time hereafter at the end of each successive terms of years that may be granted execute to the Lessee a new lease of the said premises by way of renewal for the term of thirty years. . . . . . "thereafter by means of a deed of Assignment executed on 10-7-1990 and presented for registration on 8-11-90 on behalf of the News Paper Limited in favour of Saumya Housing Co-operative Society Limited, which is a registered Co-operative Housing Society, transferred their rights title and interest in the property for Rs. 1. 11 crores by way of consideration for such assignment. The deed was executed by one of the Directors of News Paper Ltd. namely Sandeep Kanodiya in favour of the petitioner Saumya Housing Co-operative Society Limited through its Secretary Manish Kanodiya. Thereafter the petitioner Housing Society submitted an application before the Allahabad Development Authority for sanction of the lay-out plan for developing a residential colony over the land in dispute. ( 6 ) HEARD Sri. S. P. Gupta, learned Senior Advocate and Shri Ashok Khare appearing for the petitioner, Sri S. M. A. Kazmi, learned Addl. Chief Standing Counsel appearing for the respondents. During the course of arguments Sri Mahesh Gautam, Advocate appeared in person and filed an application for intervention in the matter. Thereafter two applications for intervention / impleadment were also filed-one by Sampat and 9 others and the other by Pannalal and four others. Chief Standing Counsel appearing for the respondents. During the course of arguments Sri Mahesh Gautam, Advocate appeared in person and filed an application for intervention in the matter. Thereafter two applications for intervention / impleadment were also filed-one by Sampat and 9 others and the other by Pannalal and four others. Shri V. K, Tiwari, and Sri Rajeshwar Singh, learned Counsel have put in appearance on behalf of the applicants of these two applications respectively. The learned counsel were given opportunity to place arguments on behalf of the above applicants who desire to intervene in the matter and also Sri Mahesh Gautam, learned Advocate who appeared in person. ( 7 ) SRI S. P. Gupta, learned Senior Advocate has contended that Officer-in-Charge Government Estate, Allahabad accorded the requisite no objection by means of letter dated 25-1-1984 addressed to the Secretary, Allahabad Development Authority, a copy of that letter is contained in Annexure "12" to the writ petition and the Allahabad Development Authority forwarded the letter of M/s News Papers Limited for being counter signed by the District Magistrate but the District Magistrate instead of counter-signing the letter, referred the matter pertaining to the grant of no-objection certificate to the State Government and the State Government accorded no objection certificate vide letter dated 8-11-1989, which is contained in Annexure 13" to the writ petition, which shows that the State Government as also the District Magistrate had no objection to constructions being raised on the land in question. A Writ Petition No. 8702 of 1995 was also filed in this Court which was disposed of finally vide judgment and order dated 3-4-1995 with a direction to the District Magistrate to pass appropriate orders within a period of four weeks from the date of production of the certified copy of that order with regard to the grant of no-objection certificate to the petitioner M/s Saumya Housing Co-operative Society. It has been further contended by Sri S. P. Gupta that M/s News Paper Limited did not proceed with the construction of the proposed colony for its employees and instead it executed a deed of assignment in favour of the present petitioner, which is a housing co-operative society. It has been further contended by Sri S. P. Gupta that M/s News Paper Limited did not proceed with the construction of the proposed colony for its employees and instead it executed a deed of assignment in favour of the present petitioner, which is a housing co-operative society. The District Magistrate refused to accord no objection certificate vide order dated 25-4-1995, a copy of which is contained in Annexure "18" to the writ petition, inter alia, on the ground that the proposal of the present petitioner to construct the building is quite different to the proposal of M/s News Papers Limited to which permission was accorded to raise constructions with certain conditions. All the rights, title and interest in the property in question have been assigned to the present petitioner by M/s News Papers Limited and, as, such. it was obligatory on the part of the District Magistrate to accord the no-objection certificate in case it was necessary in his opinion. However, no such certificate was necessary, as once the no-objection certificate was already granted in favour of News Paper Limited. ( 8 ) SHRI S. M. A. Kazmi, learned counsel has drawn our attention towards the conditions indicated in the Principal Lease Deed in which it has been specifically mentioned that no part of the external elevation of the plan of the dwelling houses or out-buildings shall at any time be altered or varied from the original elevation or plan thereof without the written consent of the Collector of Allahabad and no other building shall be erected on the said premises without the like consent and sanction of the Collector. Since the condition of the Principal deed is to be followed strictly by the lessee and, as such, the no objection certificate from the Collector, Allahabad is mandatory condition as the M/s News Paper Limited had submitted its lay out plan separately and thereafter the present petitioner has changed that plan in toto. It is admitted case of the petitioner that a separate plan has been submitted by the petitioner which is quite different to the plan submitted by News Paper Limited and this fact is clear from a perusal of paragraphs 22 and 26 of the writ petition. It is admitted case of the petitioner that a separate plan has been submitted by the petitioner which is quite different to the plan submitted by News Paper Limited and this fact is clear from a perusal of paragraphs 22 and 26 of the writ petition. It has also been contended by Sri Kazmi that the Development Authority cannot take the place of the Collector in the Principal deed as the Development Authority has to sanction a plan after scrutinising that the plan submitted by a person within the area is in accordance with the Master Plan or not and in accordance with the provisions of the Urban Building Regulation Act but the intention of keeping the Collector as the authority to accord sanction in case of any alteration in the construction over the land in question is that the Collector is the representative of the Governor in the district. As the lease was executed in the name of the Governor of the State the Collector has been conferred every power to check and control over the land in dispute. ( 9 ) SARVA Shri Mahesh Gautam, V. K. Tiwari, and Rajeshwar Singh contended that the Director who has executed the present assignment deed on behalf of the News Paper Limited is closely related to the Secretary of the present petitioner and, as such, for the purposes of undue gains the deed of Assignment has been executed without considering the conditions imposed in the original lease deed which cannot be over-looked or disobeyed in any manner. Sri Gautam has filed his affidavit annexing so many documents relating to News Paper Limited like its creation, origination and the persons who were devoted for the same etc. ( 10 ) IN this regard it is necessary to reproduce the contents of paragraphs 22 and 26 of the writ petition, which are as under :"22. That since the sanction of lay out plan submitted by M/s News Paper Ltd. has taken inordinate time, the entire costing structure for the project had gone haywire and M/s News Paper Ltd. did not proceed with the construction of the proposed colony for its employees and instead executed the Deed of Assignment dated 10-7l990 in favour of the petitioner Housing Co-operative Society. ""26. ""26. That the only condition existing in law with regard to raising construction/making developments in land falling within the Development Area is to get the construction plan sanctioned under the provisions of the 1973 Act. It is pertinent to point out that the layout plan submitted by the petitioner is in accordance with the master plan prepared by the Allahabad Development Authority. "a perusal of the above shows that the News Paper Limited Allahabad had an intention to build houses for its own employees while the intention of the present petitioner is to build houses to sell out on hire purchase agreement. In this regard paragraphs 7, 8 and 14 of the counter affidavit filed on behalf of the respondent No. 3 are relevant which are being quoted below :-"7. That on enquiry by the office of the District Magistrate, it was revealed that only 47 workers were working with M/s News Paper Limited, hence the grant of approval for construction of residential colony for 123 employees, was rejected and papers were again sent to the Government by the District Magistrate. 8. That it is also mentioned here that by means of a registered Agreement dated 30-11-90 the lease deed has been transferred to the present petitioner by M/s News Paper Limited, the original lease holder. However, it is also important to bring to the notice of this Honble Court that according to Rules, an information has to be given to the District Magistrate within one month from the date of such transfer, but in the present case, the information was given on 5-12-90, which is about after four months. 14. That in reply to the contents of paras 12 and 13 of the writ petition, it is stated that although the letter dated 20-4-9 1 was received in the office of the answering respondent, but as the Government has already directed the answering respondent to permit for new construction of residential colony of 123 members of the Staff of M/s News Paper Limited and the said construction cannot be used for any other purpose, vide G. O. No. l50/17-85 (235) Rev. 6 dated 27-12-89. "in this regard, it is also pertinent to mention here that the then District Magistrate Sri P. C. Chaturvedi. 6 dated 27-12-89. "in this regard, it is also pertinent to mention here that the then District Magistrate Sri P. C. Chaturvedi. by means of his letter dated 16-5-87 sent an information to the Government that as the plot in question is prime land which is situated in the heart of the city and which is valued for more than Rs. 2. 5 crores, is lying vacant and which can be used by the Government for better purpose for providing residential accommodation to the poor and needy persons. It was also mentioned in the above letter that M/s News Paper Limited is a private commercial Establishment, who can misuse it, if the renewal is granted to them. Considering the report and comments of the District Magistrate, the Government imposed certain terms and conditions while renewing the lease deed in favour of M/s News Paper Ltd. A true copy of the said letter dated 16-5-87 is filed herewith as Annexure No. C-A- "1". It is also stated here that the State Government has issued a G. O. dated 9-10-87, according to thereof the category has been given in the matter of approval of lease. According to the above G. O. only the State Government has a power and right to grant no objection certificate in the matter of renewal and permission of the land whose value is more than Rs. one lac, since the valuation of the present land is worth more than Rs. 2. 5 crores, hence it is beyond the power and jurisdiction of the answering respondent to deal with the matter, who has no other alternative but to send the matter to the State Government for approval. A true copy of the said G. O. dated 9-1087 is filed herewith as Annexure C. A. II. "the objects of the petitioner-Society which has been filed as Annexure "4" to the supplementary counter affidavit dated 25/09/1995 sworn by Bal Karan Singh, Tahsildar chail, Allahabad on behalf of respondent No. 3 is also relevant for the purposes of this case. Clauses ( 3 ) and (4) are to the following effect. The aforesaid objects clearly show that the entire transaction of the housing society it commercial and it will be used for the commercial purposes on the grant of the no objection certificate for the construction of the houses. Clauses ( 3 ) and (4) are to the following effect. The aforesaid objects clearly show that the entire transaction of the housing society it commercial and it will be used for the commercial purposes on the grant of the no objection certificate for the construction of the houses. It may be mentioned here that the petitioner Society has no concern with the employees of M/s News Paper Ltd. nor it is going to raise any construction for the purposes of the employees of the News Paper Ltd. ( 11 ) WE have had an opportunity to peruse the Deed of Assignment, which is annexed as Annexure I to the Writ Petition in which the reason of assignment has been given as lack of financial and other resources and it has been specifically indicated therein that whereas the vendee which is a housing society has for the purposes of attainment of its objects, offered to have the rights, title and interests of the vendors in the property assigned unto and in its favour and pay a sum of Rs. 1. 11 crores (Rupees one Crore and Eleven Lac only) by way of consideration for such assignment to the vendor. Some other conditions of the deed of Assignment are as under : (2) That out of the total consideration of Rs. 1. 11 crores (One crore and eleven lacs) the Vendors have already paid in cash a sum of Rs. 1,00,000. 00 (Rupees one lakh) on the date of agreement, receipt of which is hereby acknowledged by the vendee and for payment of balance sale consideration of 1. 10 crore (Rupees one crore ten lakhs only) the Vendee has executed 5 (five) pronotes of Rs. 22 1acs ( Rupeestwenty two lakhs) payable on demand, in favour of the vendor to what the vendor has agreed. (3) That the Vendee hereafter shall be the full owner of the lease hold and other rights in the property which is subject matter of this deed of assignment and the Vendor will have no right, title or interest of any kind left therein. (4) That the Vendee will be fully competent to get its name mutated in the Corporation records and other public records as the owner of the property hereby assigned/transferred and the Vendor will have no objection to the same. (4) That the Vendee will be fully competent to get its name mutated in the Corporation records and other public records as the owner of the property hereby assigned/transferred and the Vendor will have no objection to the same. (5) That the Vendor do hereby covenant and agree that the property hereby transferred is free from all or every kind of charge or encumbrance. (6) That the Vendor do hereby further covenant and agree that in case the property hereby conveyed and assigned in favour of the Vendee or any part or portion thereof go out of the possession of the Vendee on account of any defect in the right, title or interest of the vendor in the property in question, Vendor shall make good to the vendee all damages which later may suffer on that account and the Vendee shall have the right to realise such damages from the Vendor. (7) That the Vendor doth hereby further covenant and agree that it will be prepared to do and get done all such acts, deeds and things which may be necessary more fully to secure the title and interest of the Vendee in the property which is subject matter of this deed of assignment. (8) That the Vendee hereby covenant and undertake - (a) That it shall be the sole responsibility and liability of the Vendee to pay and/or reimburse to Allahabad Development Authority Nagar Mahapalika and any other Government or semi Government authority, or persons all charges for internal and external development of the property; and (b) to pay all such dues, cost and charges as might become payable to any Authority consequent upon the assignment. "the above quoted conditions show that full ownership rights of the leasehold and other rights in the property were given for a consideration of Rs. 1. 11 crores and only a sum of Rs. one lac has been paid and for Rs. 1. 10 crores the present petitioner was executed 5 pronotes of Rs. 22 lacs payable on demand. This transaction has been made only for the fulfilment of the objects of the Society which have been indicated above, are commercial in nature. ( 12 ) AN area measuring 287846 dg. meters of land has been declared surplus vide order dated 98-1983 under the Uttar Pradesh Urban Land (Ceiling and Regulation) Act, 1976. This aspect is also to be considered. ( 12 ) AN area measuring 287846 dg. meters of land has been declared surplus vide order dated 98-1983 under the Uttar Pradesh Urban Land (Ceiling and Regulation) Act, 1976. This aspect is also to be considered. However, under the deed of assignment also this fact has been mentioned indirectly. ( 13 ) ANY how, it is an undisputed fact that the plan submitted by the petitioner was not in the interest of the employees of the News Paper Limited and the whole object of the lease was being defeated by way of raising constructions over the land in question by ousting the persons who had interest in News Paper Limited like employees and the other persons affiliated with the News Paper Limited, who are living in dwelling houses within the area of the land in question, some of whom are here applicants who desire to intervene in the matter. ( 14 ) MOREOVER, it was the Collector, Allahabad who was competent to see the aims and objects of the Society and the purpose for which the lay out plan was submitted and a no-objection certificate was to be obtained. The Collector passed a speaking order. We do not think it proper to interfere with the impugned order passed by the Collector contained in Annexure No. 18 as we see no illegality or irregularity in passing the impugned order by the Collector. Petitioner cannot claim to have any right of raising constructions over the land in question in contravention of the conditions mentioned in the Principal lease deed and in the renewal deeds. ( 15 ) IN the result the writ petition fails and is hereby dismissed. However, there shall be no order as to costs. Petition dismissed.