- (1.) The aforenoted 4 writ petitions since relate to the similar facts, they are clubbed together for the purpose of this hearing, declaring Civil Misc. Writ Petition No. 7883 of 2006, R.N. Singh v. State of U.P. & others as the leading petition.
(2.) In the leading petition on 8.2.2006, a supplementary affidavit was filed by the petitioner stating therein allotment of a plot in.favour of allottee is finalised by the Vice-Chairman and, therefore, the petitioner (in all other petitions) being of under Secretary or Joint Secretary level cannot be fastened with the liability of allotment and the liability of allotment should be saddled on Sri Dinesh Rai, I.A.S., presently posted as Vice-Chairman, Delhi Development Authority, Sri Atul Gupta, I.A.S., presently posted as Industrial Development Commissioner, U.P. Sri Anil Kumar Gupta, I.A.S., presently posted as Principal Secretary, Excise, Sri P.L. Loi, I.A.S., presently posted as Principal Secretary, Science and Technology U.P., Shri K.K. Upadhyaya, I.A.S. Shri M.A. Khan I.A.S. and Sri Rajeev Kumar Singh, I.A.S. the then Vice-Chairman. To verify this statement of the petitioner the learned Chief Standing Counsel has stated that he would go through the record and the matter was posted for 14.2.2006, when the matter came on 14.2.2006, the learned Chief Standing Counsel filed an affidavit alongwith the stay vacation application, stating that he has brought two records to show that the matter of allotments in question reached to the stage of the Joint Secretary and there itself the allotments were ordered. Thus, the question that, allotments are finalised by the Vice-Chairman or Secretary in this case, does not arise at all. As against this, the learned Counsel for the petitioner has urged that in a development authority, no plot.can be allotted without approval of the Vice-Chairman and the procedure in the development authority as prevalent is that two files are maintained out of which one reaches to the Joint Secretary level while the other goes upto the Vice-Chairman level where all allotment is finalised. Since the second files were not produced, we directed that Sri B.B. Singh, Vice-Chairman, Lucknow Development Authority should appear alongwith the entire record before this Court on 21.2.2006. Today i.e. on 21.2.2006 Sri B.B. Singh Vice-Chairman Lucknow Development Authority, has appeared before us and on quarry informed that two files move in allotment matter in Development Authorities, one goes to the Joint Secretary level and other upto the Vice-Chairman level, who approves the proposal of allotment. He informed that allotment of a plot could only be made by the Vice- Chairman, and none, below him. He thereafter informed that the second files in question are not there in this case. He further stated that rules provide that under discretionary quota, the Vice-Chairman could allot plots without there being any advertisement, and that is also done in Lucknow Development Authority and even by him.
(3.) We have heard Sri A.K. Mishra, learned Counsel for the petitioner, Sri S.M.A. Kazmi, Addl. Advocate General, assisted by Sri Vijendra Singh, Chief Standing Counsel-11 for respondent Nos. 1 and 2 and Sri O.P. Singh has accepted notice on behalf of respondent No. 3, who has not filed counter affidavit.;