Allahabad High Court
Kunal Ganeriwala vs Lko. Development Authority Thru. Its ... on 15 October, 2025
Author: Sangeeta Chandra
Bench: Sangeeta Chandra
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
Neutral Citation No. - 2025:AHC-LKO:64908-DB
HIGH COURT OF JUDICATURE AT ALLAHABAD
LUCKNOW
WRIT - C No. - 5719 of 2025
Kunal Ganeriwala
.....Petitioner(s)
Versus
Lko. Development Authority Thru. Its Secy. Lko. And 3 Others
.....Respondent(s)
Counsel for Petitioner(s)
:
Shashank Singh, Apoorva Tewari
Counsel for Respondent(s)
:
Ratnesh Chandra, Shailendra Singh Chauhan
Court No. - 2
HON'BLE MRS. SANGEETA CHANDRA, J.
HON'BLE AMITABH KUMAR RAI, J.
We have heard Shri Apoorva Tewari, learned counsel for the petitioner and Shri Shailendra Singh Chauhan, learned counsel for Lucknow Development Authority.
The instant writ petition has been filed by the petitioner for the following reliefs :-
-
Issue appropriate writ, order or directions in the nature of Certiorari, to summon and quash any order passed by respondent no.3 rejecting the mutation application made available on the web portal of Online mutation Management System on 24.03.2025 Annexure No.1.
-
To issue a writ, order or direction in the nature of mandamus, commanding the respondents to mutate the name of the petitioner for his plot no.195, Wajir Hasan Road, Lucknow.
It is the case of the petitioner that plot nos. 57 and 58 were the property of Municipal Board, Lucknow, and one Nisar Ali purchased the said plots from the Municipal Board on 07.03.1912. The aforesaid plots were declared as evacuee property under the Displaced Persons (Compensation and Rehabilitation) Act, 1954, and were purchased by Late Dharambeer Chawla on 28.04.1959.
On 04.06.1986, the State of U.P. issued a notification under Section 4 (1) read with Section 17 (1) of the Land Acquisition Act, 1894 (hereinafter referred to as "Act of 1894") for acquiring 2.25 acres of land comprised in Khasra nos. 62, 63 and 69, situated in Village Sultanganj, Pargana and District Lucknow.
Declaration under Section 6 of the Act of 1894 was issued on 06.06.1986. The Special Land Acquisition Officer took possession of the aforesaid acquired land on 25.06.1986, and possession was handed over to the L.D.A. Award was declared on 07.06.1988 under Section 11 of the Act of 1984.
One Writ Petition No.8058 (MB) of 1987 was filed by Nishcint Chawla, Shakuntala Chawla, and Surleen Pratima Chawla, claiming to be the legal heirs of Late Dharambeer Chawla. They challenged the acquisition proceedings.
During the pendency of the writ petition, the LDA developed 29 C ? type plots, 186 sites, and service plots for economically weaker sections of the society, and also constructed a four ? storey building having 64 flats on the acquired land. Plot No.195, which was also created by the L.D.A. after such acquisition and taking possession, was leased out in favour of one Smt. Poonam Kishore on 24.11.1993.
LDA delivered possession to Poonam Kishore Saxena. Writ Petition No.8058 (MB) of 1987 filed by legal heirs of Dharambeer Chawla was dismissed by this Court on 24.4.2014.
One Mazhar Khan filed R.S. No.1563 of 2014 in the Court of Civil Judge (Senior Division), Lucknow alleging that Surleen Pratima Chawla has executed a will in his favour on 10.5.2013.
Mazhar Khan also filed one Special Leave Petition ( C ) number 24963 of 2014 challenging the order passed by the High Court in Writ Petition No.8058 (MB) of 1987 dated 24.4.2014. Such SLP was dismissed on 26.9.2014.
One R.S. No.1563 /2014 alleging that there was excess unacquired land remaining in village Sultanganj in the name of Dharambeer Chawla which was succeeded by Surleen Chawla who had willed the same in favour of Mazhar Khan. Such suit remained pending. In the meanwhile LDA executed a freehold deed of plot no.195 in favour of Dr. Kumkum Kishore Saxena.
R.S. No.1563/2013 was dismissed on 28.02.2018 with the finding that Mazhar Khan could not prove the will allegedly executed in his favour by Surleen Pratima Chawla. Mazhar khan preferred first appeal no. 25/2018 against the order dated 28.02.2018 alleging that the property in the suit was distinct from property acquired by the LDA in which an interim order was passed on 25.5.2018 directing the parties to maintain status quo over the suit property.
The petitioner being unaware of such litigation purchased plot no. 195, Wazir Hasan road through a registered sale deed was Dr. Poonam Saxena on 14.7.2023 and came in possession of the said property. Immediately thereafter petitioner filed Civil Suit No.1641/2023 praying for permanent injunction against Mazhar Khan who was creating hindrances in peaceful possession of the petitioner over his property. In the said suit Mazhar Khan has been arrayed as defendant no.5. The said suit is pending.
The petitioner had applied for mutation on the basis of the sale deed executed in his favour by an application dated 12.11.2024 which application has been rejected by the LDA on 24.3.2025 on the ground that the first appeal filed by Mazhar Khan against the judgment and order dated 28.02.2018 is pending wherein interim order has been passed by this Court directing maintenance of status quo and further directing that no third party interest be created.
It has been submitted by the learned counsel appearing for the petitioner that the case of the LDA who was defendant in R.S. No.1563/2014 is that the notification which was issued under Section 4 and 6 read with Section 17 of the Land Acquisition Act in 1986 was for the entire land of Khasra no.62, 63 and 69 situated in village Sultanganj, District Lucknow for raising a construction on Wazir Hasan road under Butlarganj Housing Scheme. The LDA has strongly opposed the plea raised by Mazhar Khan that some land out of such khasra numbers remained unacquired which was in possession of Dharambeer Chawla from whom Surleen Chawla had inherited such land and had thereafter executed will in favour of Mazhar khan.
It has been submitted that since LDA has all along taken a plea that the entire land of khasra no.62, 63, 69 situated in village Sultanganj has been developed and included in the lay out plan of Wazir Hasan Road scheme and they had sold plots that they had earmarked to various persons holding out to them that the land has been duly acquired and vested in the State Government which has been transferred to the LDA. Now, the LDA cannot say that plot no.195 which they had sold to Dr. Poonam Kishore Saxena was actually carved out of land which is unacquired and subject to first appeal no.25/2018.
Shri Shailendra Singh Chauhan has referred to short counter affidavit filed by the LDA wherein it has been stated that plot no.57 and 58 were carved out of khasra no.62, 63 and 69 situated at village Sultanganj and plot no.57 and 58 being declared evacuee property was sold to Dharambeer Chawla the alleged predecessor in interest of Surleen Chawla who is alleged to have executed a will in favour of Mazhar Khan the appellant in first appeal no.25/18.
Counsel for the LDA has stated that the petition be disposed of and petitioner be relegated to the remedy of filing an impleadment application along with a clarification/ modification application in pending first appeal number 25/18.
However, we find from the pleadings on record that the LDA had developed Butlarganj Housing Scheme/ Wazeer Hasan Road Scheme after due acquisition made by the State Government and transfer of the land of Khasra no.62, 63, 69 situated in village Sultanganj. They had held out to all bona fide purchasers of plots/ housing/ flats in the said scheme that the land had been duly acquired and developed and lay out plan designed in the said scheme in accordance with procedure prescribed in law. The LDA cannot now say that the land of khasra no.62, 63 and 69 is disputed property.
We, therefore, set aside the order impugned and direct mutation of the petitioner's name over the property in question, i.e., plot no.195. Even otherwise mere mutation of the name of the petitioner in the records of the LDA does not derive any right, title or interest to the petitioner as all declaration of right is always subject to RS/ First Appeal which is pending before this Court.
Writ petition is allowed to this extent.
(Amitabh Kumar Rai,J.) (Mrs. Sangeeta Chandra,J.)
October 15, 2025
mks
