The Allahabad High Court has sought information from the Gaziabad Development Authority while dealing with a plea against the auction notice of a flat allotted to an authority employee.
The present matter was hearing by the special bench of Justice Saral Shrivastva on the petition filed by Mahesh Chandra Sharma who is an employee under Gaziabad Development Authority.
The petitioner is an employee of Ghaziabad Development Authority. He has been allotted Flat No.KA-153 on rent and subsequently, he has been allotted Flat No.KA-142. Now, the Flat No.KA-142 is under auction by notice published in newspaper.
The petitioner has submitted that in the year 2016, Board has passed a resolution in its meeting vide item No.153/17 whereby the Board has proposed to sell the flats to their employees and unsold flats may be put to auction, under the aforesaid scheme, one flat has been sold to one Shami Bhasin on the rates assessed on the basis of Resolution item No.153/17.
He has further submitted that the petitioner is entitled to purchase flats in his occupation on the price to be assessed on the basis of Board Resolution No.153/17. Thus, petitioner claims parity with Shami Bhasin.
The counsel on behalf of the respondents contended that flats under the resolution of 2016 have been sold under Shastri Nagar scheme and not under Karpooripuram scheme, therefore, petitioner cannot claim parity since two schemes are totally different.
He further contends that it is the domain of the Board to dispose off their property in a manner which is beneficial and fetches higher revenue to the GDA. Thus, he submits that petitioner has no locus standi to challenge the auction notice inasmuch as he is only an allottee of flat in question on rent.
The petitioner has also proposed that he is ready and wiling to purchase the flat on the minimum reserve price.
The court has listed the present matter on 4th January, 2021 for next hearing.
Case details
Case :- WRIT - A No. - 15241 of 2020
Petitioner :- Mahendra Kumar Sharma
Respondent :- State of U.P. and Another
Counsel for Petitioner :- Awadhesh Kumar Malviya
Counsel for Respondent :- C.S.C., Ravi Prakash Pandey
Bench: Justice Saral Srivastava
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