Hon'ble Jaspreet Singh,J.
Heard Sri Virendra Mishra, learned counsel for the petitioners and Sri Shobhit Mohan Shukla, learned counsel for the respondent nos. 1 to 3.
By this writ petition the petitioners are praying for quashment of the allotment of plot no. C-12, Sector M, Aliganj Scheme Lucknow that has been made in favour of respondent no. 4 and also the lease deed executed in his favour with a further prayer to execute the said lease deed of the plot in question in favour of the petitioners.
According to the petitioners in the year 1979 a residential scheme in the name of Aliganj Residential Scheme was floated by the Lucknow Development Authority and mother of the petitioners had applied in the said scheme for allotment of plot by depositing Rs. 17,000/- on 16.12.1981 as earnest money. Thereafter, it is submitted that though Plot No. C-12 of Sector M was allotted in her favour and a letter was issued to complete all the formalities with regard to execution of sale deed but no sale deed was executed and on 12.06.1997 she died and, thereafter, the said plot was never allotted in favour of mother of petitioners or in favour of petitioners. In the year 2012 petitioners came to know that the plot in question was allotted in favour of respondent no. 4 on 30.12.1981. Thereafter, petitioners have filed Writ Petition No. 3776 (M/B) of 2013, which has been dismissed as withdrawn on 08.05.2013 with liberty to file fresh writ petition with complete pleadings and relevant records. After dismissal of the said writ petition, petitioners have filed application under the Right to Information Act, 2005 wherein no adequate information was provided to them. Thereafter, a first appeal was filed wherein directions were issued to furnish the entire information to the petitioner no. 1. Despite the direction of the first appellate authority the Public Information Officer did not furnish the complete information to the petitioner no. 1. Thereafter, petitioners have approached the State Information Commission and matter was decided on 04.09.2015 wherein it has been informed that the amount deposited by the mother of the petitioners has been withdrawn by the heirs of Smt. Sharmila Devi after applying on prescribed proforma and completing the required formality.
On due consideration of the aforesaid so also the orders passed by the appellate authority, we are also of the view that the learned authority has rightly rejected the appeal filed by the petitioners by stating that the certain information which was available in the department was provided to the petitioners. It is also admitted position that the scheme in question was floated in the year 1979 and in the year 1981 allotment was made in favour of the respondent no. 4 and now after a lapse of almost 40 years no relief can be granted to the petitioners by this Court.
Writ petition has no merit and same is, accordingly, dismissed.
[ Jaspreet Singh, J. ] [ Pankaj Kumar Jaiswal, J. ] Order Date :- 30.7.2019 Shekhar