REGENT COMPUTRONICS PVT. LTD.

Smt. Jyoti Khare Appellant

V/S

STATE OF U.P. Respondents

Referred Judgements :-

JUDGEMENT

(1.) By means of present writ petition filed under Art. 226 of Constitution of India, the petitioner has prayed to issue a writ , order or direction in the nature of Mandamus commanding the opposite parties to allot the alternative house/land to the petitioner in the original terms of agreement and the cost deposited by her, in lieu of already allotted House E-4/563 Sector "O" Mansarowar Yojana Kanpur Road, Lucknow, without charging any additional cost for the purchase of house/land and further be directed to execute sale deed and handover the possession of the said house in favour of the petitioner.

(2.) Brief facts giving rise to filing of the present writ petition are that Lucknow Development Authority notified the application for registration and allotment of a residential accommodation in the scheme of Mansarowar Yojana Kanpur Road, Lucknow, on 20.7.2006 and the petitioner deposited the required registration amount of Rs. 45,000.00 on 29.7.2006. After finalization of registration the respondent Lucknow Development Authority informed the petitioner vide letter dated 25.6.2007 that she has been allotted L.I.G. "D" type house measuring 38.30 Sq. meter duplex deluxe house, bearing No.- E- 4/563/Sector "O" Mansarovar Yojana, Kanpur Road, Lucknow. Being self finance scheme and on demand by the Lucknow Development Authority, the petitioner has further deposited amounting to rupees 67,500.00 ,42,188, 3,00,000.00 and 1,657/-, at certain intervals and after depositing the above mentioned amount, a request was made to the respondents to execute the sale deed in her favour. Vide a communication dated 6.7.2011, the petitioner was informed that the Yojana in question and specifically house allotted to the petitioner is under dispute with the Defence Department and as such either the petitioner may wait for resolving the dispute or may get back money deposited with interest, in accordance with existing Rules. In reply thereof the petitioner requested to the opposite parties to accommodate in any other scheme. In response thereof she was communicated to get a flat in Sun Rise Apartment on the new terms and conditions with enhanced rate of property. Though the petitioner was informed verbally to wait for resolving of the dispute with the Defence Department but vide letter dated 31.7.2012 she was informed to get back her money by 31.8.2012 failing which it will be presumed that the petitioner want to wait for resolving of the dispute with the Defence Department.

(3.) By submitting counter affidavit, respondent no.-2 has submitted that previously the petitioner was allotted residential accommodation No.- E-4/563/Sector "O" Mansarovar Yojana, Kanpur Road, Lucknow, but due to dispute with the defence department and on request of the petitioner, the petitioner was allotted House No.-4/510 in Sector O, Mansarovar Yojana, Kanpur Road, Lucknow by adjusting the previous amount deposited for allotment of House No.- E-4/563/Sector "O" Mansarovar Yojana, Kanpur Road, Lucknow. By filing separate counter affidavit respondent nos.- 2 to 4 has submitted that the petitioner was informed through the costing letter dispatched to her on 22.11.2014 in order to deposit the required amount to be deposited against the allotment of new house admeasuring 52.66 Sq. Meter. The rest of the amount which was required to be paid against the allotment of new residence has not been deposited by the petitioner on the ground that she has already deposited the amount of previous accommodation.

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SMT. JYOTI KHARE Vs. STATE OF U.P.

Referred Judgements :-

JUDGEMENT

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