KIRAN YADAV Vs. COMMISSIONER

JUDGEMENT

(1.) This writ petition has been filed by the petitioner with relief that

(2.) Facts in short are that L.D.A. had launched a scheme in the year 1987 under the caption of Priyadarshini Avas Yojana Sitapur Road Lucknow (in short Yojana) and invited applications from the persons willing to purchase plots and construct residential house. Certain conditions were also prescribed for the applicants. Dr Lalji Prasad Yadav, father of the petitioner applied for allotment of a plot under the aforesaid scheme and deposited the prescribed amount as registration fee along with other requisites and application within time. An intimation vide allotment letter dated 25th April 1989 was sent by L.D.A. to Dr. Lalji Prasad Yadav whereby it was intimated that a plot has been allotted to him at the draw held on 28th of March 1989 as per the details under the Yojana. The total estimated cost of the plot was one Rs. 1,76,400/- which was to be deposited in eight equal quarterly instalments of Rs. 21,175 each. Dr Lalji Prasad Yadav deposited the entire cost of the plot, Rs. 1,76,400/- in instalments. The plot size was 392 m under the said Yojana. The registration number was 36,816. Dr. Lalji Prasad Yadav, the original allottee, a resident of Gorakhpur, approached L.D.A. by means of his letter dated 26th April 1991 and requested them for the transfer and registration of the sale deed of the aforesaid plot in his favour as early as possible. Several letters were sent but L.D.A. did not pay any heed to the request made by Dr. Lalji Prasad Yadav, so he requested L.D.A. through his letter dated 12th September 1985, to transfer the aforesaid plot in the name of his daughter, the petitioner. This request was accepted and the same plot was transferred in the name of the petitioner in the records of the office of L.D.A. and vide letter dated 15th of September 1995 addressed to Dr. Lalji Prasad Yadav the transfer was confirmed. Thereafter the petitioner vide letter dated 8th July 1997 approached L.D.A. to take action in respect of registration of plot number A-1/1 area 14x28=392 Sq.meter in the said Yojana. L.D.A. acknowledged the receipt of the letter and also intimated vide letter dated 7th August, 1997 that another plot has been allotted to the petitioner in place of original one due to some dispute regarding the said plot, and L.D.A assured for early registration of the said changed plot. Since no action in this regard was taken by L.D.A. so she wrote several reminders. Vide letter dated 21st April 1998 she was intimated that previous allotment order has been changed and she has been allotted plot number B 5/260 Vineet Khand Gomti Nagar. Again vide letter dated 8th April 1999 she was intimated regarding change of that plot. Petitioner submitted several letters, 14th of December 1999, 21st of July 2001, 20th of September 2001, 28th November 2001, 29th September 2003, 5th of December 2003, 21st February 2004 and 26th February 2004 requesting L.D.A. to take expeditious action for registration of the plot in the name of the petitioner to enable her to get her house constructed as early as possible. In spite of the above noted letters made by the petitioner L.D.A. did not take any action.

(3.) A short counter affidavit was filed by opposite parties no.2 and 3.