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2016 Supreme(All) 1015

SUDHIR AGARWAL, RAKESH SRIVASTAVA
G. S. J. SHAPOORJEE – Appellant
Versus
ALLAHABAD DEVELOPMENT AUTHORITY – Respondent


Advocates:
Counsel :
Kuldip Amist, A.K. Misra, G.K. Singh, Jagdish Swarup, V.K. Singh and G.K. Singh for the Petitioner; S.C., Brij Mohan and Ashok Mohiley for the Respondents.

JUDGMENT

By the Court.—Heard Sri G.K. Singh, Senior Advocate assisted by Sri V.K. Singh, learned counsel for petitioners. None appeared for respondent Allahabad Development Authority (hereinafter referred to as “ADA”) though it has been called in revised. Hence we proceed to decide it after hearing counsel for petitioner only.

2. The writ petition is directed against order dated 2.3.1981 sent by opposite party No. 2 alongwith Secretary, ADA revoking order dated 27.2.1979 whereby proposed construction at 21 B, Civil Station/25-A, Mahatma Gandhi Marg, Allahabad was sanctioned. The reason for revoking permission is that it was obtained by fraud.

3. Brief facts giving rise to the present writ petition are as under :

4. The disputed premises being site No. 21 Civil Station, Allahabad was a Nazul land. By an indenture of lease dated 7.2.1861, Secretary of the State for India and Council granted lease in favour of J.B. Smelt for a period of 50 years which expired on 6.2.1911. The lease was renewed for a further period of 50 years vide an indenture of lease dated 22.8.1912 with effect f


































































































































































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