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SANGEETA CHANDRA, BRIJ RAJ SINGH
Shiv Kumar – Appellant
Versus
State Of Uttar Pradesh Thru. Prin. Secy. To Govt. Deptt. Of Housing And Urban Planning Lko. – Respondent
JUDGMENT :
Mrs. Sangeeta Chandra, J.
1. This petition has been filed praying for quashing of order dated 08.05.2024 passed by the Vice-Chairman, Lucknow Development Authority (hereinafter referred to as “opposite party no.3”), where he has rejected the representation of the petitioner with respect to Flat no.-152, Ist Floor, Rupayan Gomti Nagar, Lucknow and also praying for a mandamus to be issued to the opposite party no. 2 to enter the name of the petitioner in place of his predecessor-in-interest as allottee of the said Flat and to take balance of the sale consideration from the petitioner and execute a sale deed in his favour and not to allot/settle/sell the said Flat in favour of any other person and not to disturb the possession of the petitioner over the said Flat.
2. The brief facts of the case as mentioned in writ petition are that one Sri Ram Pyare Panika, Ex-Member of Parliament had applied for allotment of a three bedroom Flat, type “Rupayan”, in a residential colony called Nehru Enclave in Gomti Nagar developed by the opposite party no. 2, the Lucknow Development Authority (hereinafter referred to as ‘the L.D.A.’) and deposited Rs.30,000/-initially on 28.03.1989. He was a
A property allotment can be relinquished through a formal request for exchange or refund, extinguishing any rights of the original allottee, and unregistered documents do not confer legal title or in....
The main legal point established in the judgment is that disputes involving property rights and substantial reliefs must be adjudicated in a civil court based on evidence, and the special remedy unde....
The court ruled that an unregistered lease does not confer rights, and amendments changing the nature of a petition are impermissible if no enforceable rights exist.
The revocation of power of attorney must be communicated to the agent and third parties to be effective; failure to do so renders subsequent transactions valid.
The principles of natural justice require that an allotment cannot be cancelled without due process, including notice and an opportunity to be heard.
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