Dismissed

Mrs. Rabia Shah and 3 Others v. Agra Development Authority and 4 Others

Allahabad HC16 Feb 2018WRIC/22628/2017

Case brief

AI extract

What is this about?

This court dismissed a writ petition challenging the cancellation of a land plot allotment to the petitioner's husband. The allotment was cancelled for failure to pay the balance amount by the stipulated deadline in 2011, despite an initial allocation in 1985.

What did the court decide?

No, the petition was dismissed and the order of cancellation was upheld.

Mrs. Rabia Shah and 3 Others Vs Agra Development… — Property and Title | Allahabad HC (2018)

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Chief Justice's Court

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Case :- WRIT - C No. - 22628 of 2017

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Petitioner :- Mrs. Rabia Shah & 3 Others Respondent :- Agra Development Authority & 4 Others Counsel for Petitioner :- Ajit Kumar Counsel for Respondent :- C.S.C.,Sanjay Kumar Om,Suresh C. Dwivedi

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Hon'ble Dilip B. Bhosale,Chief Justice Hon'ble Manoj Kumar Gupta,J.

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Heard Mr. Ajit Kumar, learned counsel for the petitioners, Mr. Sanjay Kumar Om, learned counsel for respondent nos. 1 to 4 - Authority and Mr. Ramanand Pandey, learned Additional Chief Standing Counsel for respondent no.5.

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This petition basically challenges the order dated 27.03.2017, issued by Agra Development Authority, Agra, cancelling the allotment of the plot that was allotted to the husband of petitioner no.1 vide letter dated 21.09.2011, on the ground that he did not deposit the amount as per the letter of allotment within the stipulated time.

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It appears that the husband of petitioner no.1 was initially allotted a land in 1985, measuring 1354 sq. meters and he had also deposited Rs. 90,000/- and odd by way of consideration. The respondent Authority, however, could not handover possession of the said plot and they allotted alternative plot to the husband of petitioner no.1. The Authority could not handover possession of even that plot and they allotted a third plot to the husband of petitioner no.1 in 2011 vide letter dated 21.09.2011 (Annexure-7). The petitioners have placed the said allotment letter on record. By that letter, petitioner no.1's husband was called upon to pay Rs. 21,52,166/- on or before 22 October 2011. Admittedly, till the order of cancellation was issued, the said amount was not deposited. In this backdrop, petitioners have approached this Court, mainly challenging the

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order of cancellation.

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We have heard learned counsel for the petitioners and also perused the contents of the writ petition and annexures and we do not find any satisfactory explanation coming forth from the petitioners for not depositing the amount within the stipulated time and for keeping quiet for about 7 years thereafter. Though, counsel for the petitioners, in the Court, submits that petitioners are prepared to deposit the said amount now, their offer has been declined by the respondent Authority on the ground that they have already cancelled the allotment and forfeited the amount that was deposited in 1985 by husband of petitioner no.1 and also for the reason that the husband of petitioner no.1, without any legal right, had executed several sale deeds of the plot allotted earlier, but failed to cancel the same, despite repeated notices. In the circumstances, we find no merit in the writ petition.

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Petition is accordingly dismissed.

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Order Date :- 16.2.2018 AHA

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(Dilip B Bhosale, CJ)

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(M.K. Gupta, J)

Mrs. Rabia Shah and 3 Others v. Agra Development Authority and 4 Others

Case brief

What is this about?

What did the court decide?

Mrs. Rabia Shah and 3 Others v. Agra Development Authority and 4 Others

Case brief

What is this about?

What did the court decide?

What the court decided

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