2017 Supreme(All) 777
ALLAHABAD HIGH COURT
(Lucknow Bench)
SHRI NARAYAN SHUKLA AND SHEO KUMAR SINGH-I, JJ.
PREM LATA NIGAM ADVOCATE - Petitioner
Versus
LUCKNOW DEVELOPMENT AUTHORITY - Respondent
(Civil Misc. Writ Petition (M/B) No. 6011 of 2014
Decided On : 4th July, 2017)
Vijyant Nigam for the Petitioner; Gaurav Mehrotra and N.C. Mehrotra for the Respondent.
Headnote:Land Acquisition Act, 1894—Sections 4, 6, 16 and 48—Allotment—Cancellation of—LDA cancelled allotment of plot made in favour of petitioner—Once land is acquired it vests in State free from all encumbrances—Statutory authorities are under a legal obligation to give strict adherence to statutory provisions—Every activity of public authority or those under public duty or obligation must be informed by reason and guided by public interest—No right, title, interest have been accrued in favour of petitioner regarding allotment of plot—Petitioner failed to establish case and failed to prove that she had deposited any amount regarding value of plot for allotment—Thus she is not entitled for allotment of plot of L.D.A.—On request of petitioner, she was communicated for allotment of plot subject to condition of payment of an amount which is more than 17 lakhs, but same had not been deposited by petitioner—Proposal for allotment of plot in favour of petitioner have been cancelled by L.D.A. and same had been communicated to petitioner—Petition is also not maintainable on ground of delay and laches. [Paras 33 to 110]
Result; Petition Dismissed.
Hon’ble Sheo Kumar Singh-I, J.—By means of present writ petition filed under Article 226 of Constitution of India, the petitioner has assailed the orders dated 18.6.2014 and 26.5.2009 passed by respondent i.e. Vice Chairman, Lucknow Development Authority,Lucknow cancelling the allotment of the plot in favour of the petitioner in Viraj Khand, Gomti Nagar Lucknow and further with the prayer to issue a writ, order or direction in the nature of Mandamus commanding the opposite parties to revive allotment order in the Gomti Nagar scheme and to issue a fresh allotment order in favour of petitioner in Viraj Khand, Gomti Nagar, Lucknow, without demanding any cost of land from the petitioner and adjust all development charges against the amount of rupees 21,250/-, already deposited by the petitioner.
2. Brief facts giving rise to filing of the present writ petition are that previously the petitioner was a Member of M/s. Geet Vihar Sahkari Awas Samiti, registered under the Society Registration Act. The Society owned the certain land, which was divided into several plots and were allotted to the Members of the society including one land to the petitioner. Lucknow Development Authority (hereinafter called as L.D.A.) sought to acquire the land and to transfer the same to a builder to be sold to the general public for residential purposes. Aggrieved by the action of L.D.A. the society filed a writ petition No.881/1986 M/s. Geet Vihar Sahkari Awas Samiti v. State of U.P. and L.D.A., and subsequently a contempt notice was also issued against the L.D.A. Later on a proposal for effecting a compromise was mooted by the L.D.A. and the matter was settled by registered agreement with certain conditions as laid down in the agreement deed.
3. It has been submitted by the learned Counsel for the petitioner that the amount of the plot has been paid to the society and afterward an amount of rupees 21,250/- was paid to the L.D.A. towards development charges. After lapse of several years the petitioner was not allotted any land in terms of the compromise between the society and the L.D.A. and later on request was made to the L.D.A. to develop the land even to demark the plot but the same was not acted upon and after that the petitioner submitted an application before L.D.A. for transfer of her allotment of plot from Sitapur road to any other scheme and again on 9.2.1999 a request was made for consideration of allotment of plot from Sitapur road scheme to Gomti Nagar Scheme and on 14.3.2000 she was communicated to consult the competent authority in the L.D.A. for taking final decision in the matter. The petitioner further made a representation before the Secretary, Awas U.P. Government, Lucknow, who forwarded her representation to the L.D.A. asking for immediate comments and in compliance thereof L.D.A. informed the petitioner vide letter dated 12.9.2007 regarding allotment of plot No.3/154 Viraj Khand, Gomti Nagar Scheme. The L.D.A. demanded an amount of rupees 11,42,117/- and it is alleged by the petitioner that it was contrary to the compromise deed and cannot be demanded by the L.D.A. When the amount mentioned in the notice was not paid by the petitioner, the L.D.A. vide letter and order dated 26.5.2009 informed the petitioner regarding cancellation of the allotment of the above plot and later on the petitioner make a request to recall the order and after repeated request and representation, the L.D.A. has not taken any action, thus the present writ petition has been preferred by the petitioner.
4. By filing counter-affidavit the L.D.A. has submitted that the land was acquired under the Land Acquisition Act and possession was taken by the State Government and handed over to the L.D.A. The society filed a petition for cancellation of the Acquisition order, but the notification regarding acquisition was not turned down and the L.D.A. acted further action in compliance of the notification and transfer of the land from the State Government to the L