PRAKASH CHANDRA GOENKA Vs. STATE OF U P

JUDGEMENT

(1.) Heard learned Counsel for the petitioners, learned Standing Counsel for State of U.P. and Commissioner respondents Nos. 1 and 2 and learned Counsel for respondent No. 3 Kanpur Development Authority. The matter relates to the quantum of betterment/development charges. The three petitioners purchased land admeasuring 980 sq. meter each (total 2967.63 sq. meter) through separate registered sale-deeds dated 26.3.2002 from its previous owner Munshi Lal. Thereafter on 18.10.2002 petitioners deposited Rs. 4 lacs as development/betterment charges leviable under section 35 of U.P. Urban Planning and Development Act 1973) as according to their own estimate this was the amount payable as such. Respondent No. 3 Kanpur Development Authority (K.D.A. in short) issued a notice to the petitioners on 24.7.2004 copy of which is Annexure-2 to the writ petition mentioning therein that the betterment charges were payable at the rate of Rs. 680/- per sq. meter hence total amount payable as such by the petitioners was Rs. 20,17,989/- and after deducting Rs. 4 lacs already paid by the petitioners on 18.10.2012, they were required to deposit further amount of Rs. 16,17,989/- as betterment charges. Petitioners were permitted to deposit the amount in six equal six monthly instalments of Rs. 3,29,039/- each starting from 22.8.2004 and ending on 22.2.2007. The basis of determination of rate (Rs. 680/- per sq. meter) was not mentioned in the notice. Petitioners filed objections before K.D.A. on 31.7.2004 copy of which is Annexure-3 to the writ petition. Thereafter petitioners filed appeal against the demand notice on 25.8.2004 as provided under section 27 of U.P. Urban Planning and Development Act, 1973 (in the notice Annexure-2 to the writ petition it had been mentioned that the map would be passed only after payment of the amount and in case of failure to pay the amount constructions would be demolished).

(2.) In the appeal K.D.A. filed objections copy of which is Annexure-5 to the writ petition mentioning therein the basis of determination of the rate. Commissioner Kanpur Division, Kanpur in his capacity as Chairman, K.D.A. dismissed the appeal through judgment and order dated 13.3.2006 copy of which is Annexure-7 to the writ petition.

(3.) Through this writ petition prayer for quashing the order of the Commissioner and demand notice dated 24.7.2004 has been made.