AMIR ALAM KHAN Vs. LUCKNOW DEVELOPMENT AUTHORITY

JUDGEMENT

(1.) THIS First Appeal under Section 96 of the Code of Civil Procedure, 1908 arises out of Original Suit No. 475 of 1995, Amir Alam Khan and Anr. v. Lucknow Development Authority and Anr. Original Suit No. 475 of 1995 dismissed by the Addl. Civil Judge (SD) Court No. 22 Lucknow dated 29.8.2009. The hearing of the First Appeal has been expedited by the Supreme Court vide its order dated 09.11.2009.

(2.) THE Plaintiffs Shri Amir Alam Khan and his mother Nahid Nigar Zaidi filed the suit against the Lucknow Development Authority through its Secretary and Narendra Nagar Housing Cooperative Society Ltd., the Defendants for permanent injunction, on the plaint allegations that the Plaintiff's father late Maharaj Kumar Mohd. Mahmood Hasan Khan was the owner of properties at different places. He was owner and in possession of Khasra Nos. 368, 369, 381 and 398 Village Seikhapur Lucknow. A notice of acquisition of these plots was received by the Plaintiff No. 2 on 20.3.1978. The dispute relates to land in Khasra No. 380 area 3 bigha 18 biswa in Village Seikhpur bounded towards east by road, towards west by 'Sarak' and thereafter House Nos. 1/41, B1/31 and B1/38 Kapurthala Bag, Aliganj Lucknow, north -road thereafter office of District Industries Centre and house No. B -4, B -7, B -8, B -9, B -10, B -11 Kapurthala Bag Ali Ganj Lucknow and towards south by Kapurthala road.

(3.) THE Narendra Nagar Housing Cooperative Society -Defendant No. 2 denied the plaint allegations and stated in additional pleas that the property in dispute was acquired and is vested in the State Government. The possession was given by the Special Land Acquisition Officer to the Lucknow Development Authority. The Special Land Acquisition Officer is necessary party and has not been impleaded in the suit. The area of the disputed land shown within the boundaries given in the plaint was allotted by the Lucknow Development Authority to various persons prior to its allotment to Defendant No. 2. There are houses of various allottees situated over the land. These allottees are detailed as "B -1 plot No. 36 Smt. Vijai Laxmi, plot No. 35 Pawan Kumar, plot No. 34 Anupam Dheer, plot No. 33 Nishal Chemicals, Plot No. 32 Ajit Kumar, Plot No. 31 Smt. Usha Agrawal, plot No. 30 Smt. Madhulika Singh, plot No. 29 Radhey Shyam, plot No. 28 Smt. Uma Pandey, plot No. 27 Raja Ram, B - plot No. 15 Hari Prasad Agrawal/Raj Kamal, plot No. 14 Smt. Kamal Kishan Shukla, plot No. 13 Smt. Chandrawati Singh, plot No. 12 M.M. Manoja, plot No. 11 Dharma Mehta and Smt. Beema Mehta, D -1 Smt. Nanhi Devi, plot No. 2 Jwahan Lal, plot No. 3 Vishwaram Singh, plot No. 4 Mohd. Ahmad, plot No. 5 Savitrri Devi, plot No. 6 Ashok Kumar Nigam. These persons are necessary parties. They have not been impleaded in the suit.