GHURA DEVI Vs. ALLAHABAD DEVELOPMENT AUTHORITY ALLAHABAD

JUDGEMENT

(1.) THE prayer of the petitioner is to command Respondent No. 1 - Allahabad Development Authority, Allahabad, to allot 40' x 32' open land out of Plot No. 416 situated in front of her old Plot No. 28b/76b, Allahpur (Dadiya), Allahabad in Tehsiland District' Allahabad.

(2.) HER case in short is to this effect: - Old Plot No. 28b/76b was acquired by her by registered sale-deed dated 4-1-1972 which was situated by the side of 80' wide road proposed by the Nagar Mahapalika, Allahabad. Out of "the aforementioned land 40' wide area was acquired by Respondent No. 1 by plotting and allotment to others. Respondent No. 1 reduced 80' wide road proposed by the Nagar Mahapalika, Allahabad to 40 wide road. Respondent No. 1 allotted 40' wide area to those persons in whose front the reduced 40' wide land is situated. The petitioner moved an application dated 2-8-1996 before Respondent No. 1 for allotment of the land in question in view of the fact that if it is not allotted to her in that event she cannot enter to and come out of her house. A notice dated 8-11-1986 was sent to her from the office of Respondent No. 1 for regularisation of the land acquired by depositing a sum of Rs. 21,300 @ of Rs. 150 per sq. yard. She approached Respondent No. 1 and requested for part payment of the charges and deposited a sum of Rs. 5,000 on 4-8-1987 and a further sum of Rs. 20,000 on 5-2-1991 vide receipts as contained in Annexures 6 and 7. She further deposited a sum of Rs. 2,000 in part deposit towards regularisation charges vide Annexures-5. As Respondent No. 1 did not allot the land in question still, she filed another application dated 28-6-1991 (Annexure-8 to this petition) before the Commissioner/chairman, Allahabad Division/development Authority, Allahabad to allot the land. She received a letter dated 28-9-1991 (Annexure-9) informing her that pursuant to the order dated 17-9- 1991 passed by the Deputy Chairman proceedings for regularisation of the land in her favour is under consideration. The petitioner heard a rumour that Respondent No. 1 is going to allot the disputed land to a third person without disclosing any reason. Accordingly, she filed yet another application dated 13- 9-1991 (Annexure-10) before Respondent No. 1. On 3-6-1992 she deposited site plan fee Rs. 60/- and received a receipt (Annexure-11 ). Even though she had completed all formalities but without any effect and hence on 15-6-1992 she filed yet another application before Respondent No. 1 as well as the Chairman, Allahabad Development Authority, Allahabad (Annexure-12 and 13) but without any result and hence this writ petition.

(3.) WE are handicapped on account of absence of any counter-affidavit. Be that as it may, we are of the view that in the peculiar facts and circumstances the petitioner was entitled to know about the fate of her applications filed from time to time. She has deprived of this.