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2016 Supreme(All) 687

SUDHIR AGARWAL, RAKESH SRIVASTAVA
TULA RAM – Appellant
Versus
KANPUR DEVELOPMENT AUTHORITY, KANPUR – Respondent


Advocates:
Counsel :
R.D. Singh, C.K. Jha and Ms. Sufia Saba for the Petitioners; C.S.C. for the Respondents.

JUDGMENT

By the Court.—Heard Ms. Sufia Saba, learned counsel for petitioner and learned Standing Counsel for State.

2. By means of present writ petition, petitioner has sought following reliefs:

“(i) issue a writ, order or direction in the nature of Mandamus directing the respondent not to interfere with the possession of the petitioners over their land and construction in dispute and not to demolish their construction.

(ii) issue a writ order or direction in the nature of mandamus to direct the contesting respondent to start the development and betterment work in the disputed colony (Swaraj Nagar) immediately.

(iii) issue any other writ, order or direction which this Hon’ble Court may deem fit and proper in the circumstances of the case.

(iv) award the costs of the petition to the petitioners.”

3. Petitioners (52 in numbers) have approached this Court claiming themselves to be the members of Motinagar Cooperative Housing Society Limited, Kanpur (hereinafter referred to as “Society”). The said Society is a registered Cooperative Housing Society under the provisions of U.P. Cooperative Society Act, 1965 (hereinafter referred to as “Act, 1965”). Including petitioners there are about 4







































































































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