CHANDRA SHEKHAR Vs. LUCKNOW DEVELOPMENT AUTHORITY LUCKNOW

JUDGEMENT

(1.) Instant writ petition under Article 226 of the Constitution of India, has been preferred by the petitioner for allotment of plot by the Lucknow Development Authority (in short, the LDA). Present controversy is an instance which shows how the citizens are put for financial hardships, mental pain and agony by the development authorities with regard to allotment of plot/flats. Apart from the financial hardships, citizens use to run from pillar to post on account of lackluster attitude of development authorities having scant regard to law in spite of repeated judgments of this Court and the Apex Court dealing with the subject-matter. The affair is unfortunate and it appears that we have failed to develop 'work culture' and fairness in the premises of development authorities.

(2.) In pursuance of the advertisement, inviting applications for registration between 1.11.2002 to 30.11.2002 under Mansarovar, Kanpur Road, Awasiya Yojana, Lucknow (Annexure 1 to the writ petition), the petitioner applied for registration with regard to allotment of plot on 28.11.2002. Being successful, an allotment letter dated 22.2.2003 was issued to the petitioner (Annexure 3 to the writ petition), allotting plot No. C-2/63, measuring an area of 200 sq. metres in Sector-P, Kanpur Road, Lucknow against registration No. 2374356. It appears that the petitioner deposited entire cost of the plot No. C-2/63, within time prescribed in terms of allotment letter. The petitioner thereafter made a request for execution of sale-deed but he failed to get any response.

(3.) Ultimately, by another allotment letter dated 18.9.2008 (Annexure 4 to the writ petition), another plot was allotted bearing No. 2/216, Sector-P, Kanpur Road, Mansarovar Scheme. By the said letter dated 18.9.2008, the petitioner was required to deposit an additional amount of Rs. 40,000/- in the Office of LDA for execution of sale-deed. The petitioner deposited an amount of Rs. 40,000/- and in consequence thereof, a sale-deed dated 22.11.2008 (Annexure 5 to the writ petition) was executed by the LDA with regard to Plot No. 2/216, Sector-P, Mansarovar Scheme Kanpur Road, Lucknow.