AIR 2014 ALLAHABAD 106 ::2014 (3) All LJ 427 ::2014 (3) ALJ 427 ::(2014) 123 RevDec 138 ::(2014) 1 All RentCas 641 ::(2014) 2 ADJ 742 (ALL) ::(2014) 103 All LR 369 ::(2014) 3 All WC 2807 ::(2014) 2 Ker LT 82.1

Allahabad High Court

Hon'ble Judge(s): Ashok Bhushan, Rajes Kumar, Mahesh Chandra Tripathi , JJJ

(A) Constitution of India , Art.14, Art.300A— Govt. policy - To grant free hold rights to unauthorised occupants on Nazul Land - Occupant does not acquire vested right to get his application considered on mere making of application - Change in policy during pendency of application - Changed policy not providing for such grant - Rejection of application considering changed policy, proper. 2009 (6) ALJ (NOC) 999 (All), Overruled. The State Government formulated a policy to grant free hold right on Nazul Land to unauthorised occupants by way of Govt. Order dt. 23-5-1992. However subsequently by way of Government Order dated 4-8-2006 the Government decided to do away with the earlier policy of regularising the unauthorised occupation and the said Government order was enforced with immediate effect and there was no saving or exception in the said Government order permitting consideration of pending application as per the earlier policy, rather, the intention was clear that no freehold rights be granted to an unauthorised occupants after 4-8-2006. The said Government Order had no retrospective operation. It is thus clear that by mere making an application on 25-7-2005, the petitioner did not acquire any vested right to get his application considered on the basis of the policy as existing on the date of making the application. The Government order da....