HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 36 Case :- WRIT - C No. - 36538 of 2015 Petitioner :- N.R. Karmchari Sahkari Awas Samiti Ltd. Respondent :- State Of U.P. And 2 Ors. Counsel for Petitioner :- Suneel Rai Counsel for Respondent :- C.S.C.,Shrikant Hon'ble Rajes Kumar,J.
Hon'ble Shamsher Bahadur Singh,J.
The petitioner is the Society. The claim of the petitioner is that before the acquisition, the land in dispute, has been purchased. After the acquisition proceeding has been concluded, as per the Government Order 2nd June, 1998, the Society is entitled to get 60% of the acquired land. Without giving 60% of the land under the Government Order dated 2nd June, 1998 an advertisement has been issued for the allotment of the land. The petitioner filed Writ Petition No. 23768 of 2014, which has been disposed of vide order dated 25.4.2014 with the following observations:
"Having considered the submissions raised, we are not inclined to quash the advertisement at this stage, unless this factual inquiry is determined and any order is passed by the competent authority. Consequently, the writ petition is disposed of with a direction to the respondent no. 2 to proceed to examine the claim of the petitioner Cooperative Society within a period of six weeks from the date of presentation of a certified copy of the order before him, and also all the relevant documents that are required to be examined including the sale deed to be submitted by the petitioner along with such representation."
In pursuance thereof, the order dated 8.5.2014 has been passed wherein under the Government Order dated 22.10.2002, which has superseded the earlier Government Order, after the deduction of 5% in as much as the land was scattered, the 50% of the total remaining land was computed and thereafter 60% of the 50% land has been provided. In this way, 33% of the total land has been provided to the petitioner.
Learned counsel for the petitioner submitted that at no stage the petitioner has claimed the land under the Group Housing and has claimed the land for the development of the land and, therefore, 50% of the total land is to be provided under the Government Order dated 22.10.2002.
We find that there is no pleading in this regard in the writ petition. The petitioner has not annexed any documents in respect of such claim before the respondent.
Learned counsel for the petitioner submitted that some time may be allowed to file the document to demonstrate that the petitioner has made the claim for the development of the land and not claimed the land under the Housing Scheme.
The petitioner prays for and is granted one week's time to file supplementary affidavit annexing such documents.
Put up on Tuesday (14.7.2015) as fresh.
Order Date :- 7.7.2015 OP