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2021 Supreme(All) 313

RITU RAJ AWASTHI, DINESH KUMAR SINGH
Lucknow Omaxe City Residents and Allottees Association – Appellant
Versus
State of U. P. – Respondent


Advocates:
Advocate Appeared:
For the Appellant :Govt. Advocate, Amicus Curaie, Rajesh Kumar Dwivedi.

JUDGMENT :

DINESH KUMAR SINGH, J.

1. The present writ petition has been filed by Lucknow Omaxe City Residents and Allottees Association, a Society registered under the Societies Registration Act, 1860 (hereinafter referred to as ‘The Act, 1860’) and its two office bearers, who are also the residents of Housing Complex developed by M/s Omaxe Limited, respondent no. 6 named as ‘Omaxe City’ and its subsidiary companies (collectively called as ‘Developer’). The housing complex has been developed by the M/s Omaxe in an area of around 140 acres at Village Aurangabad Khalsa, Raebareli Road, Lucknow, Near Amar Shaheed Path.

2. The State Government took a policy decision vide Government Order dated 25th January, 1996 in order to mitigate difficulties faced in integrated development of an area/project due to location of parcels of land belonging to Gram Samaj etc. around the area proposed to be developed. It was felt that if such parcels of land were consolidated, then the utility of such land and its value would get substantially increased and, there would not be any impediment to sanction the layout and development plan for such an area. In view of the aforesaid, it was directed that if in an

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