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2018 Supreme(SC) 1082

N.V.RAMANA, MOHAN M.SHANTANAGOUDAR
GHAZIABAD DEVELOPMENT AUTHORITY – Appellant
Versus
MACHHLA DEVI – Respondent


JUDGMENT

N.V.RAMANA, J.

Civil Appeal No. 10670 of 2018 (arising out of SLP(C) No.11206 of 2018)

1. Leave granted.

2. Heard Mr. Rakesh Uttamchandra Upadhyay, learned counsel appearing on behalf of the appellants and Mr. K. Radhakrishnan, learned senior counsel appearing on behalf of the respondent.

3. This appeal is directed against order dated 21.03.2018 passed by the High Court of Judicature at Allahabad in Writ Petition(C) No.7928 of 2018 wherein without issuance of notice to the Ghaziabad Development Authority (hereinafter referred to as the “GDA”) an order was passed in the favour of Machhla Devi (hereinafter referred to as the “allottee”). It is worthwhile to be noted that the impugned order in essence nullifies the detailed order of cancellation of allotment passed by the coordinate Bench of the same High Court dated 17.05.2016 in Writ Petition (C)No.28834 of 2004.

Facts in brief

4. The facts giving rise to the present dispute are that GDA launched a scheme known as Shastri Nagar Housing Scheme. The allottee had applied for a High Income Group Duplex “A” Category of house































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