Enclave resident files writ against LDA in High Court | india | Hindustan Times
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Enclave resident files writ against LDA in High Court

A resident of Nehru Enclave has filed a writ petiton before the High Court here asking LDA to furnish proof of its title to the property following its dispute with the army on the same.

india Updated: Jun 13, 2006 00:00 IST

A resident of Nehru Enclave has filed a writ petiton before the High Court here asking LDA to furnish proof of its title to the property following its dispute with the army on the same.

Justice DP Singh, before whom the writ petition filed by one Hemant Upadhyay came up on Monday, has posted the matter for next hearing on June 16. “The LDA has issued notices asking us to deposit the balance amount against the flats allotted to us. On the other hand, the army authorities have put up sign boards all round the colony staking their claim over the property. How then can the LDA sell/allott flats? Besides, what will happen to our money if tommorrow LDA loses the court battle with the army over the property,” asked Upadhyay, a resident of Pushpayan 220 in Nehru Enclave.

He said even today no resident in the colony could undertake any repair or renovation work in his/her flat because the army authorities have prohibited any new construction activity till the final settlement of the property dispute by the courts. “The LDA should have made these things clear at the outset before allotting these flats,” he pointed out. LDA officials, however, see the move as yet another ploy by the defaulters simply to buy more time. “We are willing to refund the amount should any of the allottee wishes to opt out. But they cannot continue to live in these flats without making full payment against the same,” said a property section official. After all, why is the issue being raised now when we have served notices to the defaulters, he quipped.

Here it is pertinent to mention that LDA's property tussle with the army is more than a decade old. The dispute centers round an old firing range, which the army claimed existed at the site measuring a whopping 193 acres then. “And the only proof they have to back their claim is a government notification in this regard,” said an LDA officer. Our land/revenue records, however, show that only 25-acres was earmarked for the firing range, he added.

Had it not been for the High Court order in 1999 asking the army to vacate the Nehru Enclave flats, that its personnel had forcibly occupied, hundreds of allottees of this housing scheme would never have got possession of their property.