K.C. Bhargava,(President) - By means of this complaint the complainant has prayed for damages of Rs. 5.06.000/- and for directing the Opposite Party. Lucknow Development Authority to handover the possession of plot and till the possession is delivered to pay compensation at the rate of Rs. 10.000/- per month.

2. The facts of the case stated in brief are that the complainant in the year 1975 applied for allotment of a plot with the Lucknow Development Authority in Aliganj Extension Scheme. The complainant was allotted a plot of 3.860 sq.ft. The complainant had paid the entire price of that plot. The registration of the plot was also got done by the Lucknow Development Authority in favour of the complainant. The complainant since then is trying hard to get the possession of the plot but the Lucknow Development Authority has failed to deliver the possession of plot and the complainant could not construct over it. The complainant is living in a rented house paying Rs. 3.000/- per month as rent. If the plot would have been handed over to him then the cost of the construction would have been less but if the construction is made now then the complainant will have to spend a sum of Rs. 8.00.000/-.• In this way. the complainant has to pay a sum of Rs.

3,00.000/- more towards construction cost. The complainant has, theretofore, prayed for rent from December. 1988 to June, 94 for 167 months at the rate of Rs. 3,000/- per month amounting to Rs. 2,01,000/-. He also prayed for a decree of Rs. 3,00,000/- on account of increase in the construction cost and a sum of Rs. 5.000/- spent on account of conveyance etc.

3. The opposite party in its written version has admitted the allotment and registration of plot in favour of the complainant. It is alleged that one Sri Jai Shanker Tandon had filed a Writ Petition No. 422/1973 challenging the acquisition of land on 28-8-1978 The Hon’ble High Court. Lucknow Bench had finally decided the aforesaid Writ Petition directing the authorities concerned to decide the application of Sri Jai Shanker Tandon for release of his land. In compliance with the order of the Hon'ble High Court after detailed consideration an order was passed on 26-3-1982 to the effect that 25% of the total land acquired of Sri Jai Shankar Tandon was offered to him for sale on payment of Rs. 5.50 per sq. ft. Later on this gentleman had again filed a Writ Petition No. 2461/ 1982 challenging the order dated 26-31982 and prayed for prohibition directing the opposite party not to implement the aforesaid order. He also prayed for a writ of Mandamus, commanding opposite parties to exempt his land from being acquired for the development of Aliganj Housing Scheme and his possession be not disputed.

4. It is further alleged that the plot of the complainant is affected from both the aforesaid writ petitions. On 21-5-1982 a Division Bench of Hon’ble Allahabad High Court passed an interim order to the effect that the order shall remain stayed and the possession of petitioner over the plot in question shall not be disturbed.

5. On 27-10-1995 a Division Bench of this Hon’ble High Court dismissed the aforesaid petition. A photocopy of that order is annexure-C 1 to the counter affidavit. Thereafter, Sri Jai Shanker Tandon filed a Regular Suit No. 239/1995 In the suit an interim order was passed on 28-1-1996 restraining the opposite party for dispossessing the plaintiff from the property in dispute. In that case the complainant was also a party. The suit is still pending. In view of these facts, the Lucknow Development Authority is not in a position to deliver the physical possession of the plot. It is further alleged that there is no deficiency in service on behalf of the Lucknow Development Authority.

6. The parties led evidence in support of their respective contentions. We have heard the learned Counsel for the complainant. None was present from the side of the opposite party even though the opposite party had knowledge of the date fixed.

7. Accord