Court No. - 34 Case :- WRIT - C No. - 55813 of 2005 Petitioner :- Ramesh Chandra Trivedi Respondent :- State Of U.P. Thru' Secy. Vikas Vibhag & Others Petitioner Counsel :- M.D. Singh `Shekhar',Arun Kumar Mishra Respondent Counsel :- C.S.C.,Ramesh Upadhyaya Hon'ble Prakash Chandra Verma,J.
Hon’ble Ram Autar Singh,J.
By means of this petition, the petitioner has prayed for a writ of mandamus to
command the respondents not to demolish the petitioner’s house No. 127/20A,
Usmanpur, Kanpur Nagr. The aforesaid mandamus has been sought on the
ground that the petitioner constructed the house in the year 1945 and after
construction, the petitioner was living in the house peacefully. Thereafter the
Kanpur Development Authority came out with the case that the property
belongs to the Kanpur Development Authority, Kanpur as it was acquired in
the year 1938 by the then trust which vested in the Kanpur Development
Authority, Kannpur in which the award was made. The petitioner filed a suit
bearing no. 2756 of 191969 against the Kanpur Development Authority,
Kanpur for permanent injunction in which issues were framed. The issues
were decided in favour of the petitioner and the suit was decreed and the
Kanpur Development Authority, Kanpur was restrained permanently from
interfering in the possession of the petitioner . The trial court has recorded the
findings of facts that the property in dispute was never acquired.
A fresh cause of action arose for the reasons that on 8.8.2005, the Officers of
Kanpur Development Authority visited on spot and threatened to demolish the
house of the petitioner and demanded the development charges.
It is undisputed that the decree between the parties has become final as the
appeal was filed and the same has been dismissed by the court below.
Therefore, in view of the decree in favour of the petitioner, the Kanpur
development Authority has no right or authority to demolish the house of the
petitioner. Therefore, they are directed not to demolish the house of the
petitioner. By notice dated 18.1.2001, the Kanpur Development Authority
demanded the development charges. The petitioner is ready to pay the
development charges. Therefore, the Kanpur Development Authority may
calculate the development charges and the charges recovered from the
petitioner, if the demand raised a fresh after giving opportunity to the
petitioner, the petitioner shall deposit the development charges within two
months form the receipt of the second demand notice.
With the above observation, the writ petition is disposed of finally.
Order Date :- 14.7.2010
R