Hon'ble Saurabh Lavania,J.
Heard, learned Counsel for the petitioner, learned Standing Counsel and Sri Puneet Chandra, learned Counsel for respondent nos. 2 and 3.
Learned Counsel for the petitioner has submitted that on 3.9.2014 the petitioner booked a property no. SG/G/803 Sector J, Extention Sargam Apartment Jankipuram Lucknow by depositing Rs. 2,44,000/- and allotment letter was issued to the petitioner on 29.6.2015 by which 7 installments were fixed for payment of remaining amount and last installment was due upto 16.11.2016. Learned Counsel for the petitioner further submitted that the petitioner approached to respondent nos. 2 and 3 through application dated 19.4.2018 for providing possession of property and thereafter a letter dated 24.4.2018 was given to the petitioner mentioning therein that construction of the flats have been completed and he was directed to deposit the remaining amount for execution of sale deed in his favour. Thereafter, the petitioner moved an application on 17.5.2018 mentioning therein that there are several incomplete work in the property and petitioner prayed that the price of the flat may be re-fixed as decided by the Lucknow Development Authority, Lucknow. Thereafter, the petitioner demanded some information under the Right to Information Act regarding her property and according to the information given by the Jan Suchana Adhikari, it is evident that the work related to electric connection was not completed till 5.6.2018. The opposite party nos. 2 and 3 have raised the demand of penal interest for the period w.e.f. 29.06.2015 to 31.07.2018. The demand of penal interest is unjust as the concerned opposite parties were at fault in not completing the work till 05.06.2018. The petitioner is ready to pay the principal amount in one go and demand of penal intrest is illegal in the facts of the case. The petitioner for redressal of grievances has moved the representation before the authority concerned but till date no heed has been paid.
In view the above factual background, the present petition has been filed for the following main relief:-
"(i) issue writ, order or direction in the nature of Mandamus commanding the opposite party no. 2 to deliver the possession of the flat Property No SG/G/803 Sector J, Extention Sargam Apartment Jankipuram Lucknow after accepting the cost of flat without charging the interest amount of Rs. 21,19,703.02/-"
In view of the above, without entering into merits of the issue, the petitioner is permitted to move a fresh representation before the respondent no.-2 i.e. Vice Chairman, Lucknow Development Authority, Lucknow pleading his grievances, enclosing therewith relevant documents, which are necessary for disposal of the representation within a period of three weeks from today.
If such representation is preferred by the petitioners to the respondent No.2, the same shall be considered and decided by the respondent No.2 i.e. Vice Chairman, Lucknow Development Authority, Lucknow by a speaking and reasoned order, strictly in accordance with law, expeditiously, say within a period of six weeks from the date of presentation of a certified copy of this order along with representation.
With the aforesaid terms, the writ petition is disposed of finally.
Order Date :- 17.12.2019/Jyoti/-