ANIL KUMAR AGARWAL Vs. AGRA DEVELOPMENT AUTHORITY

JUDGEMENT

(1.) Heard Sri Sudeep Harkauli, learned counsel for petitioner and Sri M.C. Chaturvedi, learned counsel for respondent No.1, Agra Development Authority.

(2.) Petitioner has been subsequently added as plaintiff No.4 in O.S. No.423 of 1989, Vinod Kumar Agawal and two others Vs. Agra Development Authority, Agra. Petitioner applied for being impleaded and his application was allowed in 2008. Prayer in the original plaint was for passing a decree declaring notice dated 17.03.1989 given to the original plaintiffs by defendant, Agra Development Authority under Section 27 of U.P. Urban Planning and Development Act, 1973 illegal, null and void. Relief for permanent prohibitory injunction was also sought seeking to restrain the defendant from demolishing the property in suit, which was in the form of shops No.5, 6 & 7, situate in North Vijai Nagar Colony, Agra.

(3.) The case of the petitioner is that in the year 1992, the property was vacated by the original plaintiffs and defendant Agra Development Authority allotted the same to the petitioner under hire-purchase agreement.