Hon’ble Devi Prasad Singh, J.—Instant writ petition under Article 226 of the Constitution of India, has been preferred by the petitioner for allotment of plot by the Lucknow Development Authority (in short, the LDA).

2. Present controversy is an instance which shows how the citizens are put for financial hardships, mental pain and agony by the development authorities with regard to allotment of plot/flats. Apart from the financial hardships, citizens use to run from pillar to post on account of lacklustre attitude of development authorities having scant regard to law in spite of repeated judgments of this Court and the Apex Court dealing with the subject-matter. The affair is unfortunate and it appears that we have failed to develop ‘work culture’ and fairness in the premises of development authorities.

3. In pursuance of the advertisement, inviting applications for registration between 1.11.2002 to 30.11.2002 under Mansarovar, Kanpur Road, Awasiya Yojana, Lucknow (Annexure 1 to the writ petition), the petitioner applied for registration with regard to allotment of plot on 28.11.2002. Being successful, an allotment letter dated 22.2.2003 was issued to the petitioner (Annexure 3 to the writ petition), allotting plot No. C-2/63, measuring an area of 200 sq. metres in Sector-P, Kanpur Road, Lucknow against registration No. 2374356. It appears that the petitioner deposited entire cost of the plot No. C-2/63, within time prescribed in terms of allotment letter. The petitioner thereafter made a request for execution of sale-deed but he failed to get any response.

4. Ultimately, by another allotment letter dated 18.9.2008 (Annexure 4 to the writ petition), another plot was allotted bearing No. 2/216, Sector-P, Kanpur Road, Mansarovar Scheme. By the said letter dated 18.9.2008, the petitioner was required to deposit an additional amount of Rs. 40,000/- in the Office of LDA for execution of sale-deed. The petitioner deposited an amount of Rs. 40,000/- and in consequence thereof, a sale-deed dated 22.11.2008 (Annexure 5 to the writ petition) was executed by the LDA with regard to Plot No. 2/216, Sector-P, Mansarovar Scheme Kanpur Road, Lucknow.

After execution of sale-deed, the petitioner requested the LDA to deliver the possession of the plot but it appears that respondent LDA failed to deliver the physical possession of plot to the petitioner.

5. For a period of 4 years, the petitioner kept running from pillar to post for getting physical possession of Plot No. 2/216 (supra), but it was not handed over to him. Again, by another letter dated 7.8.2012 (Annexure 6 to the writ petition), the petitioner was informed that on account of undeveloped area as well as because of possession could not be taken over, from the recorded tenure holders, another plot No. C-4/62, Sector-O, Mansarovar Scheme is allotted on the same terms and conditions with the rider that only half of stamp duty shall be borne out by the LDA. Thus, after lapse of almost 4 years from the second allotment, the petitioner was allotted third plot by the LDA with the financial loss of 50% stamp duty payable for registration. Another sale-deed was executed on 23.1.2013 (Annexure 7 to the writ petition).

6. It appears that even the physical possession of third plot bearing plot No. C-4/62, Sector-O, Mansarovar Scheme has not been handed over to the petitioner by the LDA. A representation dated 23.8.2013 with regard to physical possession of plot No. C-4/62, Sector-O, Mansarovar Scheme sent by the petitioner to the Vice-Chairman, LDA, has been filed as Annexure 8 to the writ petition.

7. The Executive Engineer, LDA, informed the petitioner that on account of interference by recorded tenure holders and in absence of any report from the Land Acquisition Officer, the delivery of the plot is not possible and, as and when appropriate information is received, the possession of the plot shall be delivered. When the petitioner was not given physical possession of the plot, then