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2013 Supreme(All) 1790

TARUN AGARWALA
SHOBHAN PAL SINGH – Appellant
Versus
APPELLATE AUTHORITY – Respondent


Advocates Appeared:
Ramesh Kumar Shukla, Anil Sharma and A.K. Shukla for the Petitioners; S.C., C.S. Singh, R.K. Ojha and Prashant Mishra for the Respondents.

JUDGMENT

Hon’ble Tarun Agarwala, J.—The controversy involved in all the three writ petitions is the same and, consequently, all these writ petitions are being decided together by a common judgment. For facility, the facts of Writ Petition No. 18933 of 2011 is being taken into consideration.

2. In the year 1965, the respondent No. 3 Society was formed under the U.P. Co-operative Societies Act, 1965, in which the petitioners’ father, Late Krishna Pal Singh, became a member. In 1966, the Society purchased land. It is alleged that a lay out plan was prepared and No Objection Certificate was obtained from the Chief Town and Country Planner, Lucknow, and in 1973, the lay out plan was approved by the Nagar Palika, but, subsequently when the Agra Development Authority came into existence under the U.P. Urban Planning and Development Act, 1973, a fresh lay out plan was approved from the authority. On 14.7.1983 the Society executed a sale-deed in favour of the father of the petitioners, being Plot No. B-1, measuring 692 Sq. metres. In 1992 the father of the petitioners died and, upon an application, the petitioners were substituted and also became members of the Society.

3. It transpires that







































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