DEVENDRA KUMAR UPADHYAYA,J. - (1.) Heard Shri Ram Raj, learned counsel for the petitioner and Shri Ajay Kumar Singh, learned counsel representing the Lucknow Development Authority.
(2.) By instituting these proceedings under Article 226 of the Constitution of India, the petitioner has prayed that the opposite parties may be directed to handover the physical possession of Plot No.B-4/22, Vijayant Khand, Gomti Nagar Scheme, Lucknow and to executed a sale-deed in respect thereof by charging the sale consideration at the rate prevailing on the date of the initial allotment of the said plot, i.e. 21.07.1988. The petitioner has also prayed that the opposite parties may also be directed to pay interest at the rate of Rs. 18% on the amount deposited by the petitioner till the date of actual delivery of physical possession of the Plot No.B- 4/22, Vijayant Khand, Gomti Nagar Scheme, Lucknow. It has further been prayed that the opposite parties may be directed pay the petitioner the alleged difference of cost of escalation towards the construction of the house including loss of legitimate rent amounting to Rs. 30.00 lacs (approximately). A prayer for payment of compensation to the tune of Rs. 5.00 lacs has also been made. The petitioner has also prayed that the opposite parties may be directed to pay a sum of Rs. 55,000/- towards costs of litigation.
(3.) The case set up by the petitioner in the writ petition is that he deposited a Bank Draft of Rs. 6,000/- through chalan with the opposite parties on 22.02.1988 for allotment of a DType House in Sitapur Road Scheme of the respondents. The said chalan form is annexed as Annexure-2 to the writ petition. Thereafter the prayer for Cash-Down Allotment made by the petitioner by making an application on deposition of Bank Draft of Rs. 6,000/- was accepted and accordingly the said acceptance was communicated to the petitioner vide Cash-Down Allotment letter dated 21.03.1988, which has been annexed as Annexure-3 to the writ petition, according to which the petitioner was allotted Plot No.B-2/149/F, Sitapur Road Scheme. The petitioner has asserted in the writ petition that in the month of May, 1988 the Lucknow Development Authority allotted him Plot No.B-6/F, Aliganj Scheme, Lucknow and in respect of the said allotment the petitioner deposited the additional amount of Rs. 1,15,000/- on 02.08.1988 by a Bank Draft of the said amount through chalan. The said chalan has been annexed as Annexure-4 to the writ petition.;