V S PROMOTERS & BUILDERS PVT LTD LKO THRU ITS DIRE Vs. STATE OF U P THRU PRIN SECY DEPTT OF HOUSING DEVP

JUDGEMENT

(1.) Heard Sri Jagrit Sharma, learned counsel for the petitioner and Sri Mukund Tiwari, learned counsel for the opposite party nos. 2 & 3 and learned Standing Counsel for opposite party no. 1.

(2.) The petitioner has approached to this Court with the prayer for commanding the opposite party no. 2 to refund back the amount of Rs. 8,62,125.00 (deposited by the petitioner as development charges of the Plot No. 4B, Vikalp Khand, Gomti Nagar, Lucknow) forthwith along with 18% interest till the date of payment.

(3.) The facts, in brief, for adjudication of the present controversy are that the Lucknow Development Authority, without any acquisition proceedings or without awarding any compensation to the petitioner, had taken over the possession and utilized the land of the petitioner bearing Khasra No. 2408, measuring 0.228 hectares, situated at Village-Ujariaon, Pargana, Tehsil and Zila - Lucknow. On request of the petitioner for return of his land back, the Lucknow Development Authority, in order to compensate the petitioner had alternatively allotted another piece of undeveloped land (50% in area to that of petitioner's original land), bearing Plot No. 4B, situated at Vikalp Khand, Gomti Nagar, Lucknow, measuring 1140 Sq. Meter to the petitioner and directed him to deposit an amount of Rs. 8,62,125.00 vide letter dated 06.02.2006 as requisite development charges in respect of the alternatively allotted plot. In response thereof, the petitioner had deposited the said development charges by way of Pay Order No. 144155, dated 14.02.2007 and the receipt dated 15.02.2007 in respect thereof was issued by the Lucknow Development Authority. Immediately thereafter, the petitioner intimated to the Executive Engineer(Acquisition) that the requisite development charge has been deposited. But, neither the said plot was developed and handed over to the petitioner nor any amount of compensation was awarded and paid to the petitioner in lieu of the petitioner's land, the possession of which was taken by the Lucknow Development Authority.