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Prove your claim, HC asks Army

india Updated: Jun 21, 2006 00:09 IST

A LUCKNOW Bench of the Allahabad High Court has asked the Army to explain and prove their claim on the 193-acre piece of land at Nehru Enclave.

The court was hearing a writ petition of a resident of the colony on Tuesday.

The petitioner Hemant Upadhyay had moved court after he was served a notice by the LDA asking him to deposit the balance amount against flat number Rupayan 220 allotted to him in the colony. Upadhyay had challenged the validity of the notice on the ground that the property in question was disputed as the Army had also staked its claim to it and had even put up notice boards declaring the same.

On Tuesday, property officer KK Singh of the LDA, however, filed an affidavit in the court. The affidavit stated that there was no dispute over the property title.

“On February 12, 2000 the Allahabad High Court had asked the Army to vacate the flats and asked us to hand over their possession to the respective allottees,” Singh told HT Lucknow Live.

The Army, subsequently moved a special leave petition before the Supreme Court against the order but the same was dismissed on November 14, 2,000, he informed. Whatever dispute we have with the Army authorities in the region is related to plots, the flats are the property of the LDA, he said.

Upadhyay, on the other hand, said the court has issued directives that notices be given to Defense Ministry and the station commander of the Army headquarters by whose order the sign boards have been put up inside the colony to clarify their stand on the matter. The matter has been listed for hearing in the second week of July.