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DR. HARI NARAIN SINGH versus THE CHAIRMAN, GORAKHPUR DEVELOPMENT AUTHORITY AND OTHERS

High Court of Judicature at Allahabad

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Dr. Hari Narain Singh v. The Chairman, Gorakhpur Development Authority And Others - WRIT - C No. 74472 of 2005 [2005] RD-AH 7153 (8 December 2005)

 

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HIGH COURT OF JUDICATURE OF ALLAHABAD

Court No. 34

Civil Misc. Writ Petition No. 74472 of 2005

Dr. Hari Narain Singh

Vs.

The Chairman, Gorakhpur Development Authority & Ors.

*****

Hon. Dr. B.S. Chauhan, J.

Hon. Dilip Gupta, J.

This writ petition has been filed for quashing the orders/notice of demand dated 2nd September, 2003 and 16th April, 2004. A further direction has been sought that the respondents should be directed not to take into consideration the order dated 27th August, 1998 passed by the Chairman Gorakhpur Development Authority, Gorakhpur in the case of the petitioner.

We have heard learned counsel for the petitioner and Sri S.P.K. Tripathi learned counsel appearing for the respondents and have perused the materials available on record.

Pursuant to a Scheme called "Rapti Nagar Awasiya Yojna" Phase-III floated by the Gorakhpur Development Authority, Gorakhpur (hereinafter referred to as the ''Development Authority'), the petitioner applied for allotment and was allotted Plot No. 530-M at the rate of Rs. 12 per square-feet. The petitioner deposited the amount demanded and after delivery of possession of the land, a regular lease deed was executed in favour of the petitioner on 22nd February, 1994. The land under the aforesaid Scheme of the Development Authority had been acquired by the Development Authority and subsequently the rate of the land was enhanced by the Court to Rs. 22.35 per square-feet under the provisions of the Land Acquisition Act, 1894 (hereinafter referred to as the ''Acquisition Act'). The Assistant Property Officer of the Development Authority, therefore, gave a notice dated 22nd September, 2003 to the petitioner requiring him to deposit the amount of Rs. 2,27,215/-. The petitioner submitted a reply to the aforesaid notice dated 22nd September, 2003 and thereafter the Development Authority sent a letter dated 16th April, 2004 to the petitioner pointing out that the demand stipulated under the letter dated 22nd September, 2003 had been sent pursuant to the rate determined under the directions of this Court. This petition has, accordingly, been filed.

Learned counsel for the petitioner submitted that once the deed had been executed by the Development Authority, there is no occasion to enhance the rate of the land and in any case the order passed by the Chairman of the Development Authority determining the rate of land has no relevance as the land of the petitioner is situated in "Rapti Nagar Awasiya Yojna" Phase-III whereas that order related to some other Scheme.

Sri Tripathi, learned counsel appearing for the respondents, however, submitted that in proceedings under the provisions of Acquisition Act the rate of the land was enhanced to Rs. 23.35 and, therefore, in view of the clear stipulation contained in the advertisement, the Development Authority was authorised in law to charge the balance amount. He further submitted that a bare perusal of the decision of the Chairman of the Development Authority would show that it was taken pursuant to the directions issued by this Court for determining the rate of the land relating to "Rapti Nagar Awasiya Yojna" Phase-III.

We have carefully considered the submissions advanced by the learned counsel for the parties and have perused the materials available on record.

It is not in dispute that under the provisions of the Acquisition Act, the rate of the land had been enhanced to Rs. 22.35/- and in view of the clear stipulation contained in the advertisement the Development Authority could realize the enhanced cost. This apart, pursuant to the directions issued by this Court in Writ Petition No. 3674 of 1993 connected with other writ petitions decided on 23rd September, 1997 the Chairman of the Development Authority by a detailed order dated 27th August, 1998 had determined the market rate of the land. The notices that were issued to the petitioner were as a consequence of the enhancement of the rate under the Acquisition Act and the decision taken by the Chairman of the Development Authority. It cannot, therefore, be said that the Development Authority was not competent to realize the enhanced amount.

This apart, the notices were issued to the petitioner as far back as on 22nd September, 2003. The present petition has been filed after a period of more than two years and there is also no prayer seeking the quashing of the order passed by the Chairman of the Development Authority.

In such circumstances, we are not inclined to entertain this petition. It is, accordingly, dismissed. There shall be no order as to costs.

Date: 8.12.2005

NSC


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Reproduced in accordance with s52(q) of the Copyright Act 1957 (India) from judis.nic.in, indiacode.nic.in and other Indian High Court Websites

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