Give back possession of shop to its owner forthwith: HC to LDA
LUCKNOW, Aug. 3 -- The Lucknow bench of the Allahabad high court has directed the Lucknow Development Authority (LDA) to immediately give back the possession of a shop to its owner in Sahara Bazar in Vibhuti Khand area here as it held that the shop owner was dispossessed of the shop no. 112 (a) without following the due process of law. The court also directed the Lucknow Development Authority to pay a cost of Rs.50,000 to the shop owner.
Justice Pankaj Bhatia passed the order on July 30 on a petition filed by shop owner Mohammad Zaimul Islam, challenging the e Lucknow Development Authority's proceedings for eviction.
On the other hand, the LDA's counsel opposed the plea. "Considering the submissions made at the Bar, ex-facie the action of the Lucknow Development Authority in interfering with the possession of the petitioner without adopting process of law, the rights accrued by virtue of Article 300A in favour of the petitioner, who claims his ownership and possession by virtue of a registered sale deed executed in his favour has been thrown to winds, no process known to law for eviction of the petitioner has been adopted by the Lucknow Development Authority, clearly dispossessing the petitioner in the manner in which it has been done is neither sanctioned by any law nor can be termed as 'due process of law'," the court said.HTC...
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