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2024 Supreme(Online)(ALL) 1040

HIGH COURT OF ALLAHABAD
Mahesh Chandra Tripathi, Prashant Kumar, JJ
Smt. Madhubala Jaiswal – Appellant
Versus
Real Estate Appellate Tribunal And 2 Others – Respondent


Advocates:
Petitioner: Pankaj Jaiswal
Respondent: Anuj Pratap Singh , Ashish Agrawal , Mohd. Afzal and Wasim Masood

(Delivered by Mahesh Chandra Tripathi, J.)

1. Heard Shri Pankaj Jaiswal, learned counsel for the petitioner, Shri H.N. Singh, learned Senior Counsel assisted by Shri Ashish Agrawal, learned counsel appears for the U.P. State Industrial Development Authority.

FACTUAL MATRIX OF THE PRESENT CASE:

2. Uttar Pradesh State Industrial Development Authority,  UPSIDA launched a scheme of residential plot in ‘Saraswati-Hi Tech City Naini, Allahabad’. The petitioner who is 75 years old lady, made an Application No. 1693 on 18.09.2016 for allotment of plot and had deposited Rs. 1,95,930/- as Registration amount. The petitioner was found to be successful and was allotted a plot No. B 440 (measuring 200 Sq. Meter) on 18.02.2017 and the cost of plot was fixed at Rs. 36 lakhs. The allotment letter was issued on 18.02.2017, wherein it was stated that 25% of the total premium of plot after adjusting registration amount is to be deposited within 30 days.

3. From the record it emerges that the condition in the allotment letter was that the allottee while participating has to deposit Rs. 1,93,320/- as registration amount and after he/she was found successful in getting the allotment, the allottee would be r

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