High CourtsDivision Bench(2010) 03 AHC CK 0244

Sewa Gram Sahkari Avas Samiti Limited vs State of U.P.

Allahabad High Court · Decided on 25 March 2010

HON’BLE JUDGES
Uma Nath Singh, J · Devendra Kumar Arora, J
RESULT
Disposed Of

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Judgment

6 paragraphs · 356 words
1.

Supplementary affidavit filed in Court is taken on record.

2.

Heard Sri S.M.K. Chaudhary, learned Senior Counsel assisted by Sri Amitabh Mani, Advocate for petitioner and Sri Sobhit Mohan Shukla, holding brief of Sri D.K. Upadhyaya, learned Counsel for opposite parties and perused the pleadings of the writ petition.

3.

Learned senior counsel submitted that petitioner-society is a firm and registered for the purpose of purchasing land and construction of residences of its members. The land was later sought to be acquired under the Land Acquisition Act and notifications under Sections 4 and 6 were accordingly issued. Possession of land has been taken only on paper but the compensation has not yet been received. Learned Counsel also submitted that in the case of two similarly situated societies, revision filed to the Government u/s 41(3) of Urban Planning and Development Act, 1973, benefits as prayed for have been granted whereas the revision filed by the petitioner-society is still pending for consideration.

4.

Learned Counsel also submitted that for the present petitioner-society would be satisfied if a direction is given to the authorities concerned to decide and dispose of the revision on merits keeping in view the fact that two identically situated societies have already been granted benefits in terms of relief sought by them.

5.

On the other hand, learned Counsel for Lucknow Development Authority submitted that the land has been sought to be acquired for the purpose of construction of a road known as ''Amar Saheed Path'' but is not able to point out from instructions available with him as to under which plan the road is to start and go further only from the land of society.

6.

Be that as it may, without entering upon the controversy, in view of the prayer made by learned Counsel for petitioner, we dispose of this writ petition with direction to the revisional authority to decide the pending revision of the petitioner society within a period of four weeks from the date of production of copy of this order while keeping in view the law pronounced in the judgments of Hon''ble the Supreme Court and High Courts.