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Manohar Lal (Dead) By Lrs. v. Ugrasen (Dead) By Lrs. And Others
Factual and Procedural Background
This order arises in connection with ensuring compliance by the Ghaziabad Development Authority with an earlier order of the Court in RP (C) No. 1292 of 2010 in Civil Appeal No. 973 of 2007. The Court directs the Authority to place specific factual information on record concerning the applicants’ land acquisition and any allotment made under a scheme, and it grants time to both sides for filing materials. The matter is directed to be listed again after six weeks.
Legal Issues Presented
The opinion addresses a procedural matter and does not frame distinct legal issues.
Arguments of the Parties
The opinion does not contain a detailed account of the parties' legal arguments.
Table of Precedents Cited
No precedents were cited in the provided opinion.
Court's Reasoning and Analysis
The Court notes the Authority’s request for time to ensure compliance with the Court’s earlier order and, to facilitate that compliance and clarify relevant facts, directs the Authority to furnish specific information, including: (i) the total tenure of the applicants and when possession of their lands was taken pursuant to an award under the Land Acquisition Act, 1894; (ii) a copy of the Authority’s 1975 allotment order in favour of the applicants and the letter by the applicants’ father declining acceptance; and (iii) scheme-related information regarding how many persons covered by the same Section 4 notification applied for residential allotment benefits, how many were allowed, and the identities of those allotted land similarly to the present applicants. The Court fixes a three-week timeline for the Authority to file this information and serve it on the applicants’ counsel. On the applicants’ request, the Court grants them three additional weeks to file a reply to the Authority’s affidavit. The sequencing of timelines supports completing pleadings before the next listing.
Holding and Implications
DIRECTIONS ISSUED: The Ghaziabad Development Authority is directed to furnish specified information and documents within three weeks (with service upon the applicants’ counsel), the applicants are granted three further weeks to file their reply, and the matter is to be listed after six weeks.
The direct effect is to require further disclosure by the Authority to address compliance with the earlier Court order and to provide the applicants an opportunity to respond. The order is procedural in nature and does not indicate that any new precedent was set.
Order
1. Ms Reena Singh, learned counsel appearing for the Ghaziabad Development Authority has asked for time to ensure compliance with the order RP (C) No. 1292 of 2010 in Civil Appeal No. 973 of 2007 passed by this Court earlier. She may furnish the information explaining as to what was the total tenure of the applicants and when possession of their lands was actually taken in pursuance of the award made under the Land Acquisition Act, 1894.
2. The Authority may also file a copy of the order passed by it making the allotment in favour of the applicants in 1975 and the letter of non-acceptance of the said land by the father of the applicants. The Authority is further directed to furnish information as to how many persons whose lands had been covered by the same notification under Section 4 of the LA Act had applied for the benefit of the scheme seeking allotment of land of residential area and how many such applicants had been allowed and who are those persons who had been made allotment of land like the present applicants. The said information may be furnished within three weeks from today serving the copy of the same upon the learned counsel for the applicants.
3. As asked by Shri P.S Patwalia, learned Senior Counsel appearing for the applicants, three weeks' further time is granted to the applicants to file the reply to the said affidavit filed by the Authority. List the matter after six weeks.
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