- (1.) The petitioner, an allottee of a plot by the Lucknow Development Authority Lucknow (in short LDA), has preferred the instant writ petition being aggrieved by the decision in not entertaining petitioner's application for sanction of map for construction of house over the plot in question broadly on the ground that the place in question was earmarked as park. Brief facts with regard to controversy in question, are discussed hereinafter.
(2.) In pursuance of advertisement published by the LDA, the petitioner had applied for allotment of a plot. Application submitted by the petitioner in accordance with Rules, was accepted and the LDA allotted Plot No.D-4/223-A in Vishal Khand Gomti Nagar, Lucknow, in terms of layout plan. In consequence thereof, the petitioner deposited the entire cost of the plot and thereafter LDA executed a registered sale-deed of the plot in question. Physical possession was also given to the petitioner of the plot in question by the LDA on 15.2.1997. Thereafter, the petitioner constructed its boundary wall. A copy of the sale-deed executed by the LDA dated 25.6.1996, has been annexed as Annexure No.1 to the writ petition which shows that in lieu of payment of Rs.74,670.12 P., the sale-deed was executed. Along with the sale-deed, part of layout plan containing the plot in question has also been attached indicating the area to the tune of 211.65 sq. m.
(3.) After obtaining physical possession of the land in question, the petitioner submitted house map for sanction to the LDA on 28.5.2004. The application moved by the petitioner for sanction of house map, has been rejected on the ground that it cannot be considered since the plot allotted to the petitioner, is not the part of the layout plan. A copy of the order dated 5.6.2004 passed by the competent authority of LDA, has been filed as Annexure No.3 to the writ petition. After receipt of petitioner's representation by another letter dated 26.7.2006, contained in Annexure No.8 to the writ petition, again the petitioner was informed that the plot in question being not the part of the layout plan, the Board took a decision to cancel the allotment and matter has been referred to the vigilance inquiry. Similar communication has been made by the letter dated 21.1.2009 contained in Annexure No.9 to the writ petition, by the Secretary, LDA.;