Court No. - 1 Case :- MISC. BENCH No. - 10532 of 2009 Petitioner :- St. Mary'S And Day School Society,Sadar Lucknow Thru Manager Respondent :- Lucknow Development Authority, Lucknow Thru V.C. & Anr. Petitioner Counsel :- Pritish Kumar Respondent Counsel :- D.K. Upadhyay Hon'ble Pradeep Kant,J.
Hon’ble Ritu Raj Awasthi,J.
Sri D.K. Upadhayay, on the basis of instructions says that as a matter of fact
out of the total area measuring 4875.72 sq. mtrs for which a sale deed has
been executed in favour of the petitioner, some of the portion has not even
been acquired and therefore, there is practical difficulty in handing over the
possession of the entire land in favour of the petitioner, although Lucknow
Development Authority is prepared to hand over the possession of the land
stands acquired but details of such an area, however, is not known to the
respondents.
Sri Pritish Kumar, learned counsel for the petitioner, however, says that the
petitioner has invested a large amount of Rs.57,43,800/- the same having
been deposited by the petitioner for executing the sale deed in favour of the
petitioner, but still the possession of the land in question has not been handed
over to the petitioner. If Lucknow Development Authority was having no
clear role with respect to the land, which has been transferred to the petitioner,
then why it has realized the money and executed the sale deed.
Learned counsel for the respondents prays for some time so as to have
complete and full instructions in the matter and during that time they may also
file necessary affidavit.
List this matter in week commencing 18.01.2010, as fresh. In the meantime
the respondents may file counter affidavit.
Order Date :- 5.1.2010
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