GHAZIABAD DEVELOPMENT AUTHORITY THROUGH ITS V.C. Vs. STATE CONSUMER DISPUTES REDRESSAL COMMISSION AND ORS.

JUDGEMENT

(1.) HEARD Mr. Vinai Bhushan as well as Mr. Harvind Kumar, learned Counsel appearing for the petitioner and Mr. Rajesh Chaddha, learned Counsel for the private respondent.

(2.) THE respondent No. 3 in pursuance to the invitation of Ghaziabad development Authority in the year 1988 has applied for a plot to construct her own Nursing Home. A perusal of the application reveals that the application was given on 15.6.1988 for allotment of plot. The application form contains preferential allotment of plot in Patel Nagar, Raj Nagar, Lohiya Nagar, Kavi Nagar, Sanjai Nagar and Lajpat Nagar. The record further reveals that according to the order dated 2.8.1988 of the Vice Chairman, Ghaziabad Development Authority, the plot for construction of Nursing Home in Patel Nagar was allotted to one Dr. Pravin Kumar and the respondent No. 3 Smt. Lat Jain measuring the area of 500sq.m. The plot was allotted applying lottery system. Dr. Pravin Kumar was allotted plot No. 1 whereas the private respondent was allotted plot No. 2 by the Vice Chairman as indicated in the map concerned. The Committee, headed by the Vice Chairman, a photostat copy of which is on record (not original), indicates that the case of other persons was also considered for allotment of plot to construct Nursing Home. The record produced by the Secretary, Ghaziabad Development Authority also reveals that the provisional allotment letter dated 16.8.1988 was also issued. The Joint Secretary, Ghaziabad Development Authority also requested the Chief Archichect and the city planner of the Ghaziabad Development Authority to submit the map expeditiously so that the plot may be handed over to the allottees. Thus from the original record, produced by the Secretary, Ghaziabad Development Authority, it appears that plot No. 2 was allotted to Dr. Lata Jain by the Ghaziabad Development Authority in response to her application.

(3.) MR . Narendra Kumar, Secretary, Ghaziabad Development Authority made a statement before the Court that the plot allotted to Smt. Lata Jain has not been given to any one and still it is under possession of encroachers.