Allahabad High Court
Yasmeen Iqbal And 11 Others vs Chairman Lucknow Development ... on 28 December, 2023
Bench: Rajan Roy, Jaspreet Singh
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
?Neutral Citation No. - 2023:AHC-LKO:85844-DB
Court No. - 9
Case :- WRIT - C No. - 11755 of 2023
Petitioner :- Yasmeen Iqbal And 11 Others
Respondent :- Chairman Lucknow Development Authority And 3 Others
Counsel for Petitioner :- Shashank Singh,Abhinav Singh
Counsel for Respondent :- Ratnesh Chandra
Hon'ble Rajan Roy,J.
Hon'ble Jaspreet Singh,J.
(C. M. Application No. 3 of 2023)
This is an application for correction/modification of the judgment and order dated 25.12.2023 supported with affidavit.
Heard Shri Abhinav Singh, learned counsel for the applicants/petitioners and Shri V.K. Shahi and Shri Ratnesh Chandra, learned counsel for the opposite parties.
This Bench has been constituted today under the orders of Hon'ble the Acting Chief Justice considering the urgency shown by the petitioner' counsel, as he seeks some correction/modification in the judgment and order dated 25.12.2023.
The contention of the applicants' counsel is that there were three writ petitions which were heard together bearing Writ - C No. 11754 of 2023, Writ - C No. 11755 of 2023 and Writ - C No. 11756 of 2023 and this Bench had specifically ordered inter alia that once a decision is taken by the Chairman, Lucknow Development Authority who happens to be the Appellate Authority either on the appeal or the application for interim relief on the date fixed in the appeal, after it is filed, the order shall be uploaded within next 24 hours and a certified copy of the same shall also be provided to the petitioners within the said period, a week's time shall be available from the date of uploading of the order and provision of certified copy to the petitioners to avail other remedies and during the said period the said orders as also the order impugned shall not be given effect. This observation/direction has however been transcribed only in one of the writ petitions bearing Writ- C No. 11754 of 2023 and was inadvertently left out from being transcribed in the other two writ petitions including Writ- C No. 11755 of 2023. Hence this application for correction/modification.
Shri V. K. Shahi and Shri Ratnesh Chandra, learned counsel for the opposite parties have opposed the application on the ground firstly that a review application should have been filed instead of application for correction/modification. Secondly, the aforesaid observation/direction was passed in one of the writ petitions i.e. Writ - C No. 11754 of 2023 and that in the said writ petition the Bench was persuaded to make such observation/direction in view of the assertion of the petitioners that the date in the appeal had been preponed, which, in fact was found to be incorrect.
As regards first objection, the same is rejected because it is a case where we distinctly remember having made/passed such observation/direction in all the writ petitions but it appears that in the heat of arguments, the stenographer, who took the dictation inadvertently did not mention the same in the order and it escaped our attention also, therefore, it is a clerical error/omission which has to be rectified. It is not a case where review application should have been filed. The application which has been filed, is maintainable. This contention is rejected.
As regards the second contention, we have no doubt in our mind that the aforesaid observation/direction was to be transcribed in all the three orders but was omitted inadvertently and the contention to the contrary is incorrect, therefore, in the ends of justice we correct and clarify our order dated 25.12.2023 passed in Writ - C No. 11755 of 2023 to the effect that if any decision is taken on the interim relief application or on the appeal itself substantially affecting the petitioners herein then such orders shall be uploaded by the office of the Chairman, LDA, within next 24 hours and a certified copy of the same shall also be provided to the petitioners within the said period. A week's time shall be available from the date of uploading of the order and provision of certified copy to the petitioners to avail other remedies and during the said period the said orders as also the order impugned herein shall not be given effect. Litigants should not suffer for any lapse on part of the Court.
We expect the Appellate Authority to keep the aforesaid observations/ directions in mind in all similar appeals which are pending so as to avoid unnecessary litigation.
The application for correction/modification is allowed with the aforesaid correction and clarification.
The In-charge Senior Registrar of this Court shall communicate this order to the Appellate Authority by all permissible means.
Shri V.K. Shahi and Shri Ratnesh Chandra, learned counsel for the opposite parties shall communicate this order, without waiting for its certified copy, to the Chairman and Vice-Chairman, Lucknow Development Authority, for strict compliance.
.
(Jaspreet Singh,J.) (Rajan Roy,J.)
Order Date :- 28.12.2023
R.K.P.
