Umesh Chandra vs Lko. Development Authority Gomti Nagar Lko. Thru. Commissioner/Chairman and Another

1. Heard the learned counsel for the petitioner and Shri Nishant Shukla, who has filed his Power on behalf of the Respondents- LDA which is taken on record.

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2. This petition has been filed by the petitioner with the following prayers:-

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"i) Issue a writ order or direction in the nature of Mandamus directing / commanding the opposite parties to consider and provide the petitioner's plot No.C-2/139 situated in Vibhuti Khand of Gomti Nagar Scheme has been acquired by the Railways, at some other place, in the interest of justice.

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ii) Issue a writ order or direction in the nature of Mandamus directing the opposite parties to decide the petitioner's Representation dated 08.01.2025 to stipulated period this Hon'ble Court, in the interest of justice."

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3. It is the case of the petitioner that his father was allotted a commercial plot in Vibhuti Khand i.e. Plot No.C-2/139, such allotment was made in 1988. Initially, a Lease Hold Deed was signed in 1998, thereafter, a Free Hold Deed was also executed on 30.10.2002. However, a letter was received by the father of the petitioner from the

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WRIC No. 12394 of 2025

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Property Officer of the LDA dated 05.06.2003 informing him that the Gomti Nagar Railway Station needs to be expanded for which land of the petitioner was required to be given to the Central Government.

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4. The petitioner's father was asked for his consent to be adjusted somewhere-else.

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5. The petitioner's father did not give any response to the said letter in time. Only three days' time had been given to the petitioner's father to give his consent.

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6. Without the consent of the petitioner's father, it was presumed that the father of the petitioner had consented to such proposal of the LDA and the land of the petitioner's father was given to the Railways. After the death of the petitioner's father, the petitioner has written to the Respondents - Vice Chairman on 29.09.2019 asking for a commercial plot to be allotted to him somewhere-else in exchange for the commercial plot which was earlier allotted and sold by the LDA to his father and given to the Railways. When no information was received a Right to Information Application was moved on which also there was no information given. In Appeal the First Appellate Authority has sent a letter to the petitioner informing him that after the proposal was given by the LDA on 05.06.2003, Plot No.3/104 Vibhuti Khand was reserved for allotment to the petitioner's father but as per the papers available in the File, no letter was sent to the petitioner's father. Later on, on inspection it was found that the Plot No.3/104 has a five storied building standing on it constructed by G. Chandra son of Raman Lal Agarwal, as the same was allotted to the son of Raman Lal Agarwal.

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7. Learned counsel appearing for the LDA has produced before this Court copy of letter dated 03.05.2008 sent by the Property Officer to Raman Lal Agarwal and to Shri Umesh Chandra i.e. the petitioner herein, informing him in pursuance of his Representation dated 16.04.2008 that the Plot No.C-2/139, Vibhuti Khand has been acquired by the State Government through Gazette Notification dated 18.05.2004 and possession has been given to the Railways on 08.04.2005. The Railways has also tendered compensation which

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WRIC No. 12394 of 2025

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can be taken from the office of the ADM Land Acquisition.

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8. Let a detailed counter affidavit be filed by the Respondent no.2Vice Chairman, LDA.

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9. List this matter on 20.01.2026 .

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10. Office is directed to print the name of Shri Nishant Shukla as appearing for the LDA in the cause list whenever the case is listed next.

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(Amitabh Kumar Rai,J.) (Mrs. Sangeeta Chandra,J.)

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December 18, 2025 N.PAL

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Digitally signed by :- NARESH PAL High Court of Judicature at Allahabad, Lucknow Bench

Umesh Chandra v. Lko. Development Authority Gomti Nagar Lko. Thru. Commissioner/Chairman and Another

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Umesh Chandra v. Lko. Development Authority Gomti Nagar Lko. Thru. Commissioner/Chairman and Another

Case brief

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