SANGAM UPNIVASHAN AVAS EVAM NIRMAN SAHKARI SAMITI LTD Vs. STATE OF U P THRU P S HOUSING & URBAN PLANNING & ORS

JUDGEMENT

(1.) This writ petition questions the correctness of the order dated 25th January, 2010 whereby the District Magistrate, Allahabad has rejected the claim of the petitioner seeking freehold rights in favour of the petitioner society in respect of Plot No. 2 (B-2) Civil Station, Allahabad, which the petitioner claims as a matter of right in terms of the Orders dated 10.02002, 27.02.2003, 212005, 25.03.2008 and 18.12009. Further a mandamus has been sought commanding the respondent no. 3, Allahabad Development Authority to release the sanctioned map for raising constructions over the site in question.

(2.) An Amendment Application No. 190749 of 2014 has also been filed praying for quashing the Government Orders dated 28.09.2011 and 04.03.2014 contending that the said Government Orders cannot be utilized as a tool by the State Government so as to defeat the rights which have accrued to the petitioner in terms of the Government Orders already brought on record.

(3.) A counter affidavit by the State to the writ petition as well as to the amendment application has been filed disputing the stand of the petitioner on various grounds and also contending that the property in dispute was originally leased out. The lessor from whom the petitioner's society is claiming a transfer has also filed a civil suit for cancellation of the deed executed in favour of the petitioner's society. There was a direction to maintain status quo by the High Court on 8th March, 2006 in an appeal in the proceedings arising out of the said suit which may also be taken notice of.