GOPAL DAS Vs. STATE OF U P

JUDGEMENT

(1.) INSTANT writ petition under Article 226 of the Constitution of India, has been preferred being aggrieved with the development charges imposed by the respondent Lucknow Development Authority, Lucknow (in short LDA) for a land which has been released after acquisition by the State Government. The question cropped up in the writ petition relates to interpretation of Section 17 of the Uttar Pradesh Urban Planning and Development Act, 1973 (in short the Act) whereby, development authorities have got right to impose development charges in view of the expenditure incurred after acquisition of land.

(2.) STATE Government had acquired certain area of land in the year 1981 for plan development at Sitapur Road Extension Scheme. The original petitioner Gopal Das expired during pendency of writ petition (substituted by legal heirs), is the owner of Khasra Plot No.416 and 417 situated in village Mohibullapur and has been running a paint shop by raising construction over it since almost 40 years.

(3.) AFTER release of the land (supra) in pursuance of office memo dated 23.5.2011, the Secretary LDA, by the impugned order dated 29.7.2011 contained in Annexure No.1 to the writ petition, directed the original petitioner for payment of 12% interest to the tune of Rs.138780.00 assessed as amount incurred on acquisition of land. An additional amount of Rs.15583276.00 was imposed as development charges.