REGENT COMPUTRONICS PVT. LTD.

Prem Lata Nigam Appellant

V/S

LUCKNOW DEVELOPMENT AUTHORITY Respondents

Referred Judgements :-

JUDGEMENT

(1.) By means of present writ petition filed under Art. 226 of Constitution of India, the petitioner has assailed the orders dated 18.6.2014 and 26.5.2009 passed by respondent i.e. Vice Chairman, Lucknow Development Authority,Lucknow cancelling the allotment of the plot in favour of the petitioner in Viraj Khand, Gomti Nagar Lucknow and further with the prayer to issue a writ , order or direction in the nature of Mandamus commanding the opposite parties to revive allotment order in the Gomti Nagar scheme and to issue a fresh allotment order in favour of petitioner in Viraj Khand, Gomti Nagar, Lucknow, without demanding any cost of land from the petitioner and adjust all development charges against the amount of rupees 21,250.00, already deposited by the petitioner.

(2.) Brief facts giving rise to filing of the present writ petition are that previously the petitioner was a Member of M/s Geet Vihar Sahkari Awas Samiti, registered under the Society Registration Act. The Society owned the certain land, which was divided into several plots and were allotted to the Members of the society including one land to the petitioner. Lucknow Development Authority ( hereinafter called as L.D.A.) sought to acquire the land and to transfer the same to a builder to be sold to the general public for residential purposes. Aggrieved by the action of L.D.A. the society filed a writ petition no.-881/1986 M/s Geet Vihar Sahkari Awas Samiti Vs. State of U.P. and L.D.A., and subsequently a contempt notice was also issued against the L.D.A. Later on a proposal for effecting a compromise was mooted by the L.D.A. and the matter was settled by registered agreement with certain conditions as laid down in the agreement deed.

(3.) It has been submitted by the learned Counsel for the petitioner that the amount of the plot has been paid to the society and afterward an amount of rupees 21,250.00 was paid to the L.D.A. towards development charges. After lapse of several years the petitioner was not allotted any land in terms of the compromise between the society and the L.D.A. and later on request was made to the L.D.A. to develop the land even to demark the plot but the same was not acted upon and after that the petitioner submitted an application before L.D.A. for transfer of her allotment of plot from Sitapur road to any other scheme and again on 9.2.1999 a request was made for consideration of allotment of plot from Sitapur road scheme to Gomti Nagar Scheme and on 14.2000 she was communicated to consult the competent authority in the L.D.A. for taking final decision in the matter. The petitioner further made a representation before the Secretary, Awas U.P. Government, Lucknow, who forwarded her representation to the L.D.A. asking for immediate comments and in compliance thereof L.D.A. informed the petitioner vide letter dated 12.9.2007 regarding allotment of plot no.-3/154 Viraj Khand, Gomti Nagar Scheme. The L.D.A. demanded an amount of rupees 11,42,117/- and it is alleged by the petitioner that it was contrary to the compromise deed and cannot be demanded by the L.D.A. When the amount mentioned in the notice was not paid by the petitioner , the L.D.A. vide letter and order dated 26.5.2009 informed the petitioner regarding cancellation of the allotment of the above plot and later on the petitioner make a request to recall the order and after repeated request and representation, the L.D.A. has not taken any action, thus the present writ petition has been preferred by the petitioner.

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PREM LATA NIGAM Vs. LUCKNOW DEVELOPMENT AUTHORITY

Referred Judgements :-

JUDGEMENT

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