OMAXE HELGHTS APARTMENTS OWNERS ASSOCIATION SOCIETY DULY Vs. LUCKNOW DEVELOPMENT AUTHORITY LUCKNOW & ANR.

JUDGEMENT

(1.) Heard Sri Upendra Nath Misra, learned Counsel assisted by Sri Kshemendra Shukla, learned Counsel for the petitioner, Sri Jaideep Narayan Mathur, learned Senior Counsel alongwith Sri Vivek Raj Singh, learned Counsel for the respondent no. 2 and Sri Shobhit Mohan Shukla, learned Counsel for the respondent no. 1.

(2.) This writ petition was filed at a stage when regular suit no. 1257 of 2001 filed by the petitioner seeking mandatory injunction against the respondents had allegedly been rendered infructuous due to the reason that the respondents went on raising the disputed construction and the application filed by them under Order 39 Rule 2 -A also could not be disposed of by the Civil Court. The present writ petition seeking a writ of mandamus for redressal of petitioner's grievance prays for the following relief : - "i) By a writ, order and direction in the nature of mandamus the Respondent No. 1 may be directed to dispose off the representations, dated 14.07.2014, annexed as Annexure III & IV to this writ petition within a time framed, as may be deemed appropriate by this Hon'ble Court, considering the circumstances and in the meanwhile the Respondent No. 2 may be restrained from raising any further constructions over the property during pendency of the suit, morefully described in the schedule of property contained in paragraph No. 8 of this Writ Petition.

(3.) Learned Counsel for the petitioner while arguing the case confined his arguments within the statutory provisions envisaged under the Uttar Pradesh Urban Planning and Development Act, 1973 read with the Uttar Pradesh Apartment (Promotion of Construction, Ownership And maintenance) Act, 2010 and the bye -laws framed thereunder and it was urged that the Lucknow Development Authority in terms of Section 15 (9) is under an obligation to take cognizance of any violation indulged into by any developer or promoter of a project which is sanctioned by the Development Authority.