Neutral Citation No. - 2025:AHC:19414-DB IN THE HIGH COURT OF JUDICATURE AT ALLAHABAD (Sl. No.37) Court No. - 21 Case :- WRIT - C No. - 43352 of 2024 Petitioner :- Pawan Kumar And 3 Others Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Awadhesh Kumar Srivastava Counsel for Respondent :- C.S.C.,Vivek Saran Hon'ble Manoj Kumar Gupta,J. Hon'ble Anish Kumar Gupta,J. 1. The instant petition has been filed for the following relief: "I. Issue a writ, order or direction in the nature of mandamus commanding the respondents authority 2 and 3 to deliver the possession of plots to the petitioners under the Loni Road Bhumi Vikas Evam Grih Sthan Yojna (Ajanta Puram Yojna) Ghaziabad in pursuance of the allotment made by society." II. Issue an order or direction directing the respondents authority no.2 and 3 to finalize the lay out plan and determine the development fees and deliver the possession to the petitioners of Loni Road Bhumi Vikas Evam Grih Sthan Yojna (Ajanta Puram Yojna) Ghaziabad within a stipulated period of time. III. Issue a writ, order or direction in the nature of mandamus directing the respondent no.2 and 3 to decide the pending representation dated 24.07.2024 of the petitioner by speaking and reasoned order within stipulated period in the interest of justice." 2. The case of the petitioners is that the respondent - Parishad acquired certain land under the provisions of U.P. Awas Evam Vikas Adhiniyam, 1965 and it included some land of Janvihar Co-operative Society. The petitioners claim themselves to be the members of the Co-operative Society, which has been impleaded in the writ petition as respondent no.4. According to the petitioners, the Co-operative Society has executed a sale deed in favour of petitioner no.1 where the other petitioners are allottees of different plots. The U.P. Housing and Development Board has framed an improvement scheme in the name of Loni Road Bhumi Vikas Evam Grih Sthan Yojna (Ajanta Puram Yojna) Ghaziabad under Section 16 of U.P. Awas Evam Vikas Adhiniyam, 1965 and thereunder the land of the Society has been merged in the said scheme. 3. The Executive Engineer, U.P. Awas Evam Vikas Parishad vide its letter dated 06.10.2023 informed the Co-operative Society about its decision that development fee would be around Rs. 1500/- per sq. meter. The Co-operative Society was required to make available the necessary amount in this behalf so that further action may be taken in the matter. There is no indication in the writ petition whether respondent no.4 had deposited the requisite amount. On 30.11.2023, according to the petitioners a meeting was scheduled between the Parishad and the Co-operative Society to resolve the issue relating to the development fee and regularization of the land of the Co-operative Society and finalization of layout plan. The case of the petitioners is that the Parishad has not the respondent no.4 the amount to be deposited as development fee nor has finalized the layout plan. The petitioners have approached this Court contending that they are entitled to possession of the plots sold in their favour by the Co- operative Society and that the respondent Authority be directed to deliver possession of the same; to finalize the lay out plan and determine the development fee. 4. It is also stated in the writ petition that petitioner no.4 was the Secretary of Co-operative Society but he was wrongly expelled and he has challenged his expulsion by filing a petition before Co-operative Tribunal U.P. Lucknow and the same is pending. 5. It is not disputed that the land of the Co-operative Society was covered by the acquisition notifications. The acquired land of the Co-operative Society as per the case of the petitioners is to be regularised subject to payment of development fee by the Co-operative Society 6. Sri Vivek Saran, learned counsel for the Parishad has obtained written instructions, according to which the Parishad is already in process of finalizing the layout plan and thereafter it would realize development fee from the Co- operative Society and take further action in the matter. 7. Having regard to the facts noted above and the stand of the Parishad, we are of the opinion that no direction is required to be issued at this stage and particularly at the behest of the petitioners. 8. The petition stands disposed of accordingly. Order Date :- 10.2.2025 Ashish Pd. (Anish Kumar Gupta, J.) (Manoj Kumar Gupta, J.) Digitally signed by :- ASHISH PRASAD High Court of Judicature at Allahabad