Writ Petition Against KDA Cancellation of Kidwai Nagar Plot Without Notice and Denial of OTS Benefit

580 votes

Yes, you can file a writ petition under Article 226 before the Allahabad High Court challenging KDA’s cancellation order. Since KDA cancelled the allotment without issuing a show-cause notice or affording a personal hearing, the action violates principles of natural justice and can be quashed. Your supporting evidence—allotment letter, payment receipts, RTI replies, and written representations—substantially strengthens your position. The High Court can direct KDA to restore the allotment, consider payment under the One-Time Settlement (OTS) scheme, and grant an urgent interim stay against the e-auction. Your chances of success are strong provided legal remedies are pursued promptly.

Advocate Hariom Dubey LawRato

707 votes

Yes, you can file a Writ Petition before the Hon’ble Allahabad High Court challenging the cancellation order passed by KDA. From the facts, KDA has violated the principles of natural justice by cancelling the allotment of 1967 without issuing any show-cause notice or personal hearing, despite repeated representations and willingness to deposit the balance under the OTS Scheme. The allotment was made 58 years ago and partial premium was already deposited. Given that you have the allotment letter, payment receipts, RTI replies and proof of approaching KDA before cancellation, there are strong grounds to seek: 1. Quashing of the cancellation order 2. Direction to KDA to restore the allotment and accept balance dues as per original rate/OTS 3. Interim stay against e-auction Chances of success are good because courts have consistently held that arbitrary cancellation without hearing is bad in law, especially in old allotments. I suggest filing the writ urgently to get a stay before any auction is conducted. Please share all documents for drafting.

Advocate Shamma Perween LawRato

836 votes

I have understood ur issue, u have a remedy to approach RERA Lucknow for grievances, u can make relief like possession along with delay interest or refund deposited amount along with delay, KDA is promoter and fall under definition of rera act 2016.

Advocate Shivendra Rao LawRato

715 votes

Yes, you have a strong and valid ground to file a writ petition before the Allahabad High Court, and it appears to be the most appropriate legal remedy in your situation. The core violation in your case is the clear breach of the principles of natural justice. The Kanpur Development Authority canceled your grandmother's allotment without issuing any show-cause notice or affording you a personal hearing. This procedural lapse is a fundamental error that courts routinely quash. Your repeated representations made over a year, which you have documented, further strengthen your claim, as they demonstrate your willingness and readiness to comply, which the authority failed to act upon. Regarding the relief, the High Court has the jurisdiction to quash the cancellation order and direct the KDA to restore the allotment. You can certainly argue for the acceptance of the balance payment under the One-Time Settlement scheme, as you had approached them well before the cancellation. The court may also direct the authority to consider your application on its merits, especially given the legitimate reasons for the delayed payment, such as family tragedies. The court can also grant an interim stay against the e-auction to protect your vested interest while the main petition is pending, preventing the authority from alienating the property to a third party. Your documentation, including the original allotment letter, payment receipts, RTI replies, and the cancellation letter, constitutes a complete paper trail, which is critical for a writ petition. Your chances of success are reasonably high, primarily because the cancellation was procedurally flawed. The authority's insistence on the current circle rate is likely arbitrary, given the decades-old allotment and the failure to resolve your representations. You must file the petition expeditiously to secure the interim stay and preserve your legal rights.

Advocate Lalit Saxena LawRato

842 votes

Before filling a writ petition it is always a better option to exhaust your alternative remedy which is a complaint before RERA. Rera is a quasi - judicial body established to resolve disputes between the builder and buyer.

Advocate Saumitra Dixit LawRato