Pradeep Kant, J. - (1.) THIS petition initially was filed by seven petitioners, out of whom Ashok Diwakar, petitioner No. 1 and Smt. Anita Shukla, petitioner No. 5 expired during pendency of the writ petition and their names have been deleted. At the outset it would be pertinent to mention that this petition though has been filed in individual capacity, raising a grievance regarding allotment of a piece of land in favour of Nav Chetna Public School, but there is nothing on record nor the counsel for the petitioners could substantiate any action which could have given cause of action to the petitioners to be aggrieved by the said allotment, in their individual capacity.
(2.) WE have, however, proceeded to consider the case on the basis of the pleadings in the writ petition and the pleas as urged by the parties' counsel. Sri Shailendra Singh Chauhan representing the petitioners, vehemently urged that Khasra Plot No. 406 situate in Indira Nagar, Lucknow was, in fact, recorded as Talaab prior to the date of vesting and, therefore, this land could not have been allotted in the name of the school by Awas Evam Vikas Parishad and rather, same should be restored in the shape of Talaab (pond) in view of the dictum of the apex court in the case of Hinch Lal Tiwari v. Kamala Devi and others, : (2001) 6 SCC 496.
(3.) SRI K.S. Pawar, appearing for Awas Evam Vikas Parishad, has strongly disputed the claim of the petitioners and has submitted that the land in question was legally and properly allotted to the school but because of successive litigations being brought to the Court by the petitioners and other residents of the locality, the school could not be constructed though allotment was made in the year 1998 and the respondent No. 5 had also deposited the substantial amount. However, it appears that certain formalities could not be completed for the reason of litigations coming in between.;