RAKESH SACHAN AND ORS. Vs. VICE CHAIRMAN KANPUR DEVELOPMENT AUTHORITY AND ORS.
LAWS(ALL)-2015-7-162
HIGH COURT OF ALLAHABAD
Decided on July 30,2015

Rakesh Sachan And Ors. Appellant
VERSUS
Vice Chairman Kanpur Development Authority And Ors. Respondents

JUDGEMENT

- (1.) We have heard learned counsel for the petitioners, Sri Saroj Yadav, learned counsel for respondents no. 1, 2 & 5 and learned Standing Counsel for respondent no. 4.
(2.) The petitioners have approached this Court challenging the order dated 8.8.2007 passed by the respondent no. 1, the Vice Chairman, Kanpur Development Authority, Kanpur cancelling the order of allotment of plots no. 42 & 43 situate at Y-1, Virat Nagar, Kidwainagar, Kanpur in favour of the petitioners no. 1 & 2 respectively.
(3.) Undisputed facts, in short, of the case giving rise to the dispute are that plot no. 42 was allotted to the petitioner no. 1 vide allotment order dated 2.8.1990. Similarly, plot no. 43 was allotted in favour of the petitioner no. 2 vide allotment order dated 4.8.1990. Subsequently, by means of two separate free hold deed, which were duly registered, the said plots were made free hold in favour of both the petitioners. It was only when the Development Authority tried to demolish the boundary wall surrounding the said plots, the petitioners came to know that some order has been passed by the authority cancelling the allotment. It is alleged in the writ petition that despite repeated demands and request, the copy of the cancellation order was not provided to the petitioners and they could only lay their hands on letter dated 8.8.2007 written by the vice Chairman to the Principal Secretary (Housing) that the allotment made in favour of the petitioners has been cancelled on the basis of some reports submitted by the Kanpur Development Authority.;


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