Hon'ble Rajesh Singh Chauhan,J.
On 01.08.2018, we had passed a detailed order and certain directions were issued, which are contained in para-8 of the said order, which is reproduced below:-
"8. Having heard the submissions as recorded above, we feel that the following directions at this stage may be issued which would be in the interest of justice to all parties, i.e. the flat owners association (petitioner), promoters, (respondent No.5 and 6) and the Lucknow Development Authority, which is obliged under law to follow the provisions of the applicable act, rules and regulations.
(i) All the respondents pray for and are granted four weeks' time to file their respective counter affidavits and not a short counter affidavit to the writ petition and any supplementary affidavit that may have been filed in support of the petitioner's claim. The counter affidavit would be in response to the entire writ petition with special focus on the compounding decision dated 28.06.2016. The petitioner will have two weeks' time thereafter to file the rejoinder affidavit.
(ii) The Vice-Chairman, Lucknow Development Authority is directed to take appropriate decision on the representation of the petitioner dated 21.06.2018 along with all other pending representations which may find reference therein and are on record of the Lucknow Development Authority along with the request of the Promoters (respondent Nos.5 & 6) for issuance of the Completion Certificate within a period of four weeks from today after affording due opportunity to the parties concerned and also after getting due physical verification and also from the record, strictly in accordance to law. It would be open to the Vice-Chairman, Lucknow Development Authority to take decision separately on the two matters or a combined decision as per his own wisdom and discretion."
Today, Sri Ratnesh Chandra, learned counsel representing the Lucknow Development Authority has filed an affidavit in compliance of order dated 01.08.2018. The said affidavit is taken on record. In so far as it relates to direction of para-ii of para-8, the Vice-Chairman has passed an order on 17.09.2018, a copy of order passed by the Vice-Chairman on 17.09.2018 has been annexed as Annexure No.A-1 to this affidavit. However, no counter affidavit has been filed as per direction contained in para-i of para-8 of order dated 01.08.2018.
Sri Ratnesh Chandra, learned counsel representing the Lucknow Development Authority and Dr. L.P. Mishra, learned counsel representing respondent Nos.5 & 6 have prayed for two weeks' further time to file their counter affidavits, on the ground that on account of the proceedings being taken by the Vice-Chairman as per directions contained in para-ii of para-8 of the order dated 01.08.2018, the counter affidavit could not be prepared, however, now that the things have been cleared the counter affidavit would be prepared.
We, accordingly grant two weeks' further time to the learned counsel(s) for the respondents to file their respective counter affidavits as contained in para-i of para-8 of order dated 01.08.2018. It is made clear that the counter affidavits may positively be filed before the next date.
Further, Sri Ram Raj, Advocate has also appeared and has prayed for sometime to move an impleadment application and also to bring on record his grievances as against the Builder of whatsoever nature as he may deem fit.
He may do so in the meantime.
List/ put up this case in the additional cause list on 05.10.2018 to be taken up immediately after fresh cases and if there is no fresh cases, then at 10:15 A.M.
When the case is next listed, name of Sri Ram Raj, Advocate be shown in the cause list from the side of respondents.
Order Date :- 20.9.2018 Suresh/ [Rajesh Singh Chauhan,J.] [Vikram Nath,J.]