S.N.AGNIHOTRI,J. - (1.) The instant Review Petition has been filed by the Lucknow Development Authority (herein after referred to as "L.D.A.") against Smt. Saroj Rani and one other to review the order and judgment dated 15.12.2008 passed by coordinate Bench, whereby the writ petition no. 2889 of 1992 of review opposite party Smt. Saroj Rani was allowed to hand over the possession of property which was neither acquired nor requisitioned and to pay Rs. two lacs as damages.
(2.) The relevant facts for the disposal of this review petition are that writ petitioner Smt. Saroj Rani filed a writ petition no. above alleging that she had purchased 20 bighas land bearing Khasra nos. 440, 448 situated in Village Aurangabad Khalsa from the earlier owner. Later on this Village was brought under consolidation of holding (here in after referred to as C.H.) proceedings and C.H. Form No. 23 was prepared. The area of the holding of writ petitioner was shown less than the actual holding in C.H. Form No. 23, against this writ petitioner preferred a consolidation case in the Court of consolidation officer and the same was dismissed by consolidation officer. Feeling aggrieved she filed an appeal no. 239 in the Court of Settlement Officer Consolidation which was decided in favour of writ petitioner and the matter was remanded back for disposal afresh. The matter was again prosecuted in the Court of consolidation officer and the consolidation officer after measurement, ordered to be recorded the holdings of writ petitioner 15 Bighas, 06 Biswa 06 Biswansies. This order was not complied with by the authorities of the opposite party no. 2, thats why the writ petitioner Smt. Saroj Rani submitted an application dated 27.04.1988 before consolidation officer, Lucknow for the implementation of the order dated 16.06.1982. Consolidation Officer, Lucknow issued an order for Amaldaramad on 27.04.1988. It is also contended by the review opposite party that the orders dated 16.06.1982 and 27.04.1988 passed by Consolidation Officer were not challenged by any person, thats why these both orders noted above became final. Consolidation proceedings concluded in the year 1985 with the publication of the notification under Section 52 of U.P. Consolidation of Holdings Act 1953.
(3.) It is also contended by the review opposite party Smt. Saroj Rani that the Consolidation Officer ordered that the area of opposite party Smt. Saroj Rani be recorded as 15 Bigha, 06 Biswa and 06 Bishwansi in New Gata No. 298, which was alloted to her after C.H. operation.;