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Court No. 1
Writ Petition No. 47 (MB) of 2010
Indu Singh
Vs.
Lucknow Development Authority and others.
Hon'ble Pradeep Kant, J.
Hon’ble R.R. Awasthi, J.
Heard the learned counsel for the petitioner Sri Abhishek Singh and
Sri Abhishek Kumar Pandey for the Lucknow Development Authority.
With the consent of the parties’ counsel, the petition is being
disposed of finally at the admission stage.
The petitioner was allotted a house by the Lucknow Development
Authority, bearing House No. 1/65, Sector-1, Jankipuram Extension,
Lucknow, sometimes in the year 2001.
According to the petitioner she has deposited the full amount of Rs.
4,53,994/-, which was the cost of the house, but it appears that the Lucknow
Development Authority claims an additional amount of Rs. 1,43,398/- as
balance amount.
Earlier a cancellation notice was publish in the new paper by the
Lucknow Development Authority on 4.6.09, aggrieved by which, the
petitioner filed a Writ Petition bearing no. 6302 (MB) of 2009, which was
disposed of, by a Division Bench of this Court on 7.7.09 with the following
directions:
“The petitioner will submit her objections
alongwith relevant documents before the respondent no.2
within two weeks from today alongwith certified copy of
this order. The respondent no.2 will, thereafter, proceed to
consider the objections raised by the petitioner and pass
appropriate orders in accordance with law expeditiously,
preferably, within a further period of three weeks,
thereafter.
For a period of six weeks from today or till the
disposal of the objections by the respondent no.2,
whichever is earlier, the cancellation notice dated 4.6.09,
(Annexure-1 to the writ petition) in so far as it relates to
the petitioner, will be kept in abeyance.
In case the petitioner fails to file objections within
the aforesaid period of two weeks, this order will stand
automatically vacated.
The writ petition stands disposed of with the above
directions.”
It is not clear from the record, whether the petitioner has yet filed
any objection, but the petitioner has brought on record a copy of the letter,
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which she says, has been sent on 17.7.09, which was received in the office
of the Lucknow Development Authority on that very date. The photo copy
of the said letter has been filed with a seal of the Lucknow Development
Authority, showing the date of receipt as 17.7.09.
Be that as it may, the petitioner has deposited the substantial amount
of Rs. 4,53,994/- as against the cost of Rs. 4,25,000/- shown in the
allotment letter and since we are informed by the learned counsel for the
petitioner that the house in question is in the possession of the petitioner and
has not yet been allotted in favour of any other person by the respondents,
we, dispose of the writ petition finally with the direction that the petitioner
may make a fresh representation to the Vice Chairman, Lucknow
Development Authority, indicating therein that she has deposited the
aforesaid amount and if any amount further is required to be deposited, the
statement of the same be given and thereafter the same be deposited.
Learned counsel for the petitioner says that in case it is found that
any amount still remains to be paid, the petitioner is prepared to make the
payment of the same.
That being so, we direct that till the representation is decided by the
Vice Chairman, Lucknow Development Authority, the petitioner’s
possession over the land in question shall not be disturbed nor the same
shall be allotted to any other person.
The representation shall be made by the petitioner within a
maximum period of two weeks from today, failing which, the benefit of this
order will not be available to the petitioner.
The writ petition is disposed of finally.
Dated: 07.1.2010
Sachin