RIVER VIEW SAHKARI AWAS SAMITI LIMITED Vs. STATE OF U P
LAWS(ALL)-2009-5-153
HIGH COURT OF ALLAHABAD
Decided on May 27,2009

RIVER VIEW SAHKARI AWAS SAMITI LIMITED, LUCKNOW Appellant
VERSUS
STATE OF UTTAR PRADESH Respondents

JUDGEMENT

Satish Chandra, J. - (1.) HEARD Sri N.K.Seth, Senior Advocate assisted by Sri Sachin Garg, appearing for the petitioner, Sri Shobhit Mohan Shukla holding brief of Sri D. K. Upadhyay, learned counsel for the Lucknow Development Authority and Chief Standing Counsel. The petitioner is a cooperative housing society registered under the U. P. Cooperative Societies Act. The petitioner has alleged that Khasra Plot Nos. 211, 212, 213 to 218, 224 and 228 to 232 total area 18 Bigha 17 Biswa 2 Biswansi situated in village Chhandoiya, Hardoi Road, Pargana Tehsil & District Lucknow was purchased through sale certificate and the said land was duly mutated in the name of the petitioner- society. Learned counsel for the petitioner submits that the land which was purchased through sale certificate was duly developed by the society by investing huge amount and plots were also allotted to 140 members between year 1974 and 1977 for housing purposes and some of the allottees have built their houses on the respective plots and are residing therein. He further submits that in compliance of the judgment and order dated 12.03.2004 passed by this Hon'ble Court the petitioner was informed through letter dated 21.07.2004 that the competent authority has allowed the representation of the petitioner for 'Samayojan' of the petitioner's land and thereafter a layout/map was also submitted before the Lucknow Development Authority for sanction which was duly sanctioned. He further submits that 27,730.20 Sq. Meter of land shown in the map by red ink was earmarked to the petitioner-society but in spite of various requests made by the petitioner, the Lucknow Development Authority is not intimating about the development charges which the petitioner has to pay. Sri Shobhit Mohan Shukla holding brief of Sri D.K.Upadhyaya, on the beais of instructions submits that the lay out plan submitted by the petitioner was duly sanctioned and the petitioner is required to deposit the development charges with the Lucknow Development Authority. We have considered the submissions made by the learned counsel for the parties and gone through the record. In compliance of the order passed by this Court, the representation of the petitioner for Samayojan' of the petitioner's land was allowed by the competent authority and the order was communicated to the petitioner through letter dated 21.07.2004. The petitioner has also annexed a copy of the approved map dated 13.09.2006 as Annexure-1 to the writ petition and in the lay out plan, the land of the petitioner which has been adjusted in the development scheme has been marked by red ink. We, therefore, dispose of the writ petition with a direction to the opposite parties to communicate to the petitioner about the amount of development charges which the petitioner-society has to deposit with the Lucknow Development Authority within four weeks and the petitioner shall deposit the required amount of development charges within four weeks thereafter and after receiving the amount, both the parties shall complete the required formalities, in accordance with law.;


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