Petition filed by NEFOMA in Allahabad High Court
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Members who are present at the meeting were : Mr. Devender Kumar (Founder & Chairman ), Mr. Vijay Trivedi (Dy.Chairman),Mr. Abhishek Kumar (President), Annu Khan (Vice President),Mr. Indrish Gupta (Co-Founder & Treasure ) and Ms. Shweta Bharti, (Gen. Sec.).
In the petition the following points as under :
On which G R O U N D S
A. BECAUSE the Full Bench judgment of this Hon’ble Court has given a positive direction to the respondent-Board to clear the master plan of 2021 after due consideration as soon as possible so that the developmental work may start on the allotted land.
B. BECAUSE non disposal of the requests of the petitioner-association on the master plan of 2021 is against the provisions of National Capita Region Act 1985.
C. BECAUSE dthe inaction on the part of the respondents is also illegal against the provisions of 1985 Act as held by Full Bench also.
D. BECAUSE the inaction on the part of the respondent no. 3 is also in teeth of the judgment of Full Bench.
E. BECAUSE the inaction of respondent o. 3 is not in the interest of the petitioners or other similarly situated allottees.
F. BECAUSE this Hon’ble Court had not fixed a time frame on the good faith that the respondents may act urgently considering the letter and spirit of the judgment.
G. BECAUSE the respondents are deliberately sitting tight over the matter in order to unnecessary harass the petitioner-association and similarly situated allottees.
H. BECAUSE even otherwise the inaction on the part of the respondents is unjust, arbitrary and perverse as also bad in law.
P R A Y E R
It is, therefore, most respectfully prayed that this Hon’ble Court may be pleased :
i. to issue a writ, order or direction in the nature of mandamus commanding the respondents including the respondent no. 3 to take a decision as expeditiously as possible preferably within a time frame on the master plan 2021 with the observations and directions so that the petitioner-association and similarly situated allottees may start the development over the allotted land.
ii. to issue a writ, order or direction in the nature of mandamus commanding the respondents to take a decision in consonance with the direction given by Full Bench of this Hon’ble Court (Annexure-1 to the petition_ as expeditiously as possible, preferably within a time frame.
iii. to issue any other writ, order or direction as this Hon’ble Court may deem fit and proper in the facts and circumstances of the case.
iv. to award cost of the writ petition to the petitioner.
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