LAWS(NCD)-2016-1-21

GANESH SHANKER TRIPATHI Vs. LUCKNOW DEVELOPMENT AUTHORITY

Decided On January 12, 2016
Ganesh Shanker Tripathi Appellant
V/S
LUCKNOW DEVELOPMENT AUTHORITY Respondents

JUDGEMENT

(1.) Arguments heard.

(2.) The Lucknow Development Authority allotted one plot in favour of Shri Ganesh Shanker Tripathi, the complainant, who is a retired government servant and is present in the court along with his advocate. The said plot was to measure 200 sq. mtr.. The allotment letter was issued on 25-10-1993. Two and half decade have elapsed but the appellant has not got the said plot. The record shows that the said Scheme was abandoned because it was a disputed land. The amount was sent to the appellant along with interest on 14-01-2010. The appellant filed a complaint before the State Commission. On one hand, the counsel for the complainant submits that the refund voucher was never received by the complainant. On the other hand the State Commission stated that the refund voucher was sent, however, there is no proof that this amount was received by the complainant. However, vide order dated 21-08-2015 the State Commission decided the case and passed the following order:

(3.) The said order has not yet been complied with. On the other hand the counsel for the OP submits that the entire case of Gomti Nagar, Lucknow is pending before the Supreme Court. The Supreme Court had stayed the contempt proceedings.