Legal Advice

Cancellation of allotment

Question: I have booked a flat in a housing project constructed by the Lucknow Development Authority. I have deposited booking amount and the flat is allotted in my name. Thereafter LDA gave me 30 days to deposit 25% of the total value of the property which is also deposited in time. Due to some financial crisis, I could not deposit the remaining amount in time even after receiving a notice. But I have deposited all the reaming amount with a penalty but it is refused by the concerned officer of the LDA. This is an illegal act because I have priority above any other person and my consideration must be accepted by the LDA.


It is important to understand the terms and conditions of the agreement that you signed with the Lucknow Development Authority (LDA) at the time of booking the flat. If the agreement specifies a timeline for payment of the remaining amount, then the LDA is within their rights to refuse the payment made after the due date, even with a penalty.

However, it is also important to note that the LDA cannot act outside the scope of the agreement and refuse your payment without any valid reason. In case the LDA has acted unlawfully, you can file a complaint with the appropriate authorities or approach a lawyer for legal advice.

It is advisable to communicate with the LDA and understand the reason behind their refusal to accept the payment. If the reason is not justified or the LDA has acted unlawfully, then you can take legal action. If the reason is valid, you can try to negotiate with the LDA for an extension or an alternate solution.

In any case, it is important to maintain all the records and documentation related to the transaction and seek legal advice before taking any action.

In the case of property allotment, simply being allotted a property does not give the allottee the right to claim ownership. The allottee must adhere to all the rules set by the authority regarding the completion of the sale. It is unclear from the question whether the time period for payment of the due amount was extended by the authority or whether the payment was made in accordance with any rule set by the authority.

Depositing due amount without authority’s offer is not allowed. Sometimes, the authority may offer to deposit the due amount with a penalty, but this does not create the right to deposit any due amount without such an offer.

In the case of Ravi Gautam vs State of U.P. AIR 2015, the Allahabad High Court held that the conditions of allotment with respect to the deposit of the balance amount must be strictly followed within the given time. Otherwise, the letter of allotment would be automatically canceled, and the allottee cannot claim any right to continue with the allotment subject to the payment.

Strict adherence to rules is required. It is not possible to claim that an offer was made by the authority in respect of due payment with a fine. In the case of R. D. Shetty vs International Airport Authority AIR 1979, the Supreme Court held that if a public authority has laid down certain norms and conditions regarding allotment, the applicant must strictly follow them. This was reiterated by the Supreme Court in Post Master General vs Tutu Das AIR 2007.

Based on the above discussion, it is clear that as an allottee, one does not have the right to compel the authority to accept payment of the due amount in the absence of any offer or scheme by the authority. It is essential to follow all the rules set by the authority regarding the completion of the sale, including the deposit of the balance amount within the stipulated time.

Shivendra Pratap Singh


High Court Lucknow

Latest Advice

Stepmother can get share in ancestral property after death of father

My stepmother is asserting her share in the ancestral property, currently registered under my late grandfather’s name, who passed away four years ago. The property is yet to be distributed, and my stepmother vacated our ancestral home three years ago, residing elsewhere with her daughter. The daughter, who lived with us before marrying 25 years ago and subsequently leaving our house, is now asserting her rights over the property. I seek advice on the validity of my stepmother and her daughter’s claim to my father’s property following his demise.

I lied to my boyfriend about my divorce now he refuses to marry

In 2017, I separated from an abusive marriage. After some time, I started dating someone. In 2021, I got divorced, but I didn’t disclose this to him because I was concerned that he might judge me. Now he is refusing to marry. We have been in a sexual relationship for three years. He is 23 years old and my age is 38. I love him because his sexual orientation meets my desire. How to initiate a legal process to compel him for marriage?

Can a single accused seek quashing of FIR

An FIR has been filed against four accused individuals, and Accused No. 4 possesses a distinct identity. Question: Is it possible for the High Court to quash the FIR only against Accused No. 4? An FIR has been registered, and a C-Summary has been submitted to the Honourable Magistrate. The complainant has filed a Protest Petition, leading the Honourable Magistrate to return the C-Summary to a new Investigating Officer for further inquiry. Question: At this stage, can the alleged Accused No. 4 seek relief by approaching the High Court to have his name quashed from the FIR?

School authorities are creating a private nuisance

I have been living in a residential area for more than 17 years. There is a school behind our house, and it does not have any wall connecting to our house. Recently, they have constructed a horse shed without any wall, using iron pillars. Now, I am unable to sleep in my bedrooms due to the horses kicking on my wall and the noises they create. Additionally, I am unable to use my rooftop because of the foul smell generated by their excreta. The condition of my wall is deteriorating due to this shed. I had previously approached the SDM office, but the opposing party allegedly bribed the official. What legal remedy should I pursue against the school authorities?

My wife and her family don’t allow me to meet my daughters

My wife and her family does not allow to meet my daughters since 1 year. My elder daughter is of 3 years and younger is of 10 months but they not allow me to meet them. many times me and my family members try to take her back to house but she demand to do property on her name .since 1 year she is with her parents she did not even tell me how is my daughter’s and did not allow to talk to them on call.

Husband denied to access my matrimonial home

I resided with my husband for a duration of five months in an apartment. The house is registered in the name of my father-in-law, yet my in-laws reside in a different state. I am the individual who invested all of my finances in the interior and household accessories for the house. This decision was made under the understanding that it is my residence, and consequently, I am accountable for its furnishings. I willingly accepted and utilized my entire salary for this purpose.

However, my husband is engaged in an extramarital affair and desires to marry his girlfriend. He is pressuring me to initiate a divorce and is also subjecting me to physical harassment. In response, I have filed for a Domestic Violence Complaint (DVC) seeking a residential order. Unfortunately, I am being denied access to my home, with the explanation that it belongs to my father-in-law. I am in need of assistance; please help me.

CO of the same regiment headed SCM: Can I challenge the proceedings of SCM?

I was detailed on duty on 2045 hours thereafter, an officer came and found me sleeping. He then slapped me and called me to appear in office on the next day. On the very next day that officer abused me then I slapped him in front of some other soldiers. This incident was recorded and SCM was recommended after the court of inquiry. The CO of the same regiment headed the SCM. He was biased and conducted one sided trial. Thereafter I am discharged from the service. My total length of service is thirteen years nine months sixteen days. Is there any change of reinstatement?

Terminated from service on the ground of bigamy

Enlisted in the Indian Army in 2001, I married in 2006. While on duty in Arunachal Pradesh, my wife engaged in an extramarital relationship with a civilian, prompting me to send a legal notice for divorce. We divorced in 2013 after she initially filed a divorce and maintenance case in 2010, which we later resolved through mutual consent. In the same year, she also accused me of bigamy, leading to termination from the Army. Seeking guidance on the appropriate course of action in this matter.