(1.) The controversy involved in the present writ petition, is an instance revealing the blatant abuse of power by the State Government and the Development Authorities (in the present case, the Lucknow Development Authority, Lucknow in short the LDA), depriving the Petitioners of plots which were lawfully allotted to them through lottery system and that too, when the entire cost of the plots was deposited by the Petitioners in terms of the schedule prescribed by the LDA. In spite of the fact that the Petitioners deposited cost of the plots as far back as in the year 1984, they failed to enjoy the sweet dreams of having their own house in the city of Lucknow in view of the multiplicity of litigation in the hands of red tapism and abuse of power for extraneous reasons and consideration by the LDA and the State Government. The Writ Petition No. 281 (M/B) of 1997 is taken up as leading writ petition for the purpose of present controversy.
(2.) The Petitioner No. 1, 2 and 3 are the allottees of Plot No. 6-E, 2-3 and 130-E in Aliganj Housing Scheme, Lucknow (in short the Scheme). They have approached this Court under Article 226 of the Constitution of India with the grievance that though, the entire cost of plot was deposited by the Petitioners in the year 1984, 1987 and 1984 respectively but neither sale-deed has been executed nor the possession has been delivered. The facts giving rise to the present controversy are discussed hereinbelow:
(3.) Khasra Plot No. 71 and 72 of village Tatarpur and some other plots of village Shekhapur were acquired by the State Government vide Notification dated 17.3.1962 under Section 357 of U.P. Nagar Mahapalika Adhiniyam, followed by Notification dated 26.4.1969 under Section 363 (1) of U.P. Nagar Mahapalika Adhiniyam. The possession of the land acquired was taken over and delivered to the Lucknow Development Authority (in short LDA) by the Special Land Acquisition Officer, between 15.9.1978 to 4.5.1981 except Khasra Plot No. 71 and 72 of village Tatarpur and Plot No. 294 of village Shekhapur. The Award was also made by the Land Acquisition Officer with regard to other plots of village Shekhapur, on 31.12.1979. So far as the Plot No. 71 and 72 of village Tatarpur is concerned, the Award was made by the Land Acquisition Officer on 31.12.1979. Thus, the acquisition process was completed by 31.12.1979.
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