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2013 Supreme(All) 2728

DEVI PRASAD SINGH, ASHOK PAL SINGH
RASHID UMAR – Appellant
Versus
CHAIRMAN L. D. A. LKO. – Respondent


Advocates:
Counsel :
Ashutosh Srivastava for the Petitioner; C.S.C., Anuj Kudesia, Rajesh Singh Chauhan and Shobhit Mohan Shukla for the Respondents.

JUDGMENT

Hon’ble Devi Prasad Singh, J.—The petitioner, an allottee of a plot by the Lucknow Development Authority Lucknow (in short LDA), has preferred the instant writ petition being aggrieved by the decision in not entertaining petitioner’s application for sanction of map for construction of house over the plot in question broadly on the ground that the place in question was earmarked as park. Brief facts with regard to controversy in question, are discussed hereinafter.

2. In pursuance of advertisement published by the LDA, the petitioner had applied for allotment of a plot. Application submitted by the petitioner in accordance with Rules, was accepted and the LDA allotted Plot No.D-4/223-A in Vishal Khand Gomti Nagar, Lucknow, in terms of layout plan. In consequence thereof, the petitioner deposited the entire cost of the plot and thereafter LDA executed a registered sale-deed of the plot in question. Physical possession was also given to the petitioner of the plot in question by the LDA on 15.2.1997. Thereafter, the petitioner constructed its boundary wall. A copy of the sale-deed executed by the LDA dated 25.6.1996, has been annexed as Annexure No.1 to the writ petition which




























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