Ramesh Chandra Sonkar vs Kanpur Development Authority And ...

Citation : 2015 Latest Caselaw 1074 ALL
Judgement Date : 8 July, 2015

Allahabad High Court
Ramesh Chandra Sonkar vs Kanpur Development Authority And ... on 8 July, 2015
Bench: Rajes Kumar, Shamsher Bahadur Singh



HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 36
 

 
Case :- WRIT - C No. - 36530 of 2015
 

 
Petitioner :- Ramesh Chandra Sonkar
 
Respondent :- Kanpur Development Authority And 2 Ors.
 
Counsel for Petitioner :- Ram Kumar Pal
 
Counsel for Respondent :- Shivam Yadav
 

 
Hon'ble Rajes Kumar,J.

Hon'ble Shamsher Bahadur Singh,J.

Learned counsel for the petitioner submitted that initially the petitioner has been allotted 112.50 sq. meter land in Prerna Vihar Scheme, however, subsequently, the petitioner has been offered alternative Plot No. 77 M.I.G. II Tatya Tope Nagar Phase-3 measuring an area of 120 sq. meter land.

The grievance of the petitioner is that the Kanpur Development Authority is demanding the value of 7.5 sq. meter land which they have allotted in excess at the current rate, while the petitioner is prepared to pay the amount at the old rate.

Learned counsel for the petitioner submitted that the Government Order, which is annexed as Annexure-7 to the writ petition, provides that in case of increase of area upto 10% increase in the area, the price at the old rate shall be charged and for the excess area the amount shall be charged at the new rate. The submission is that the excess land is less than 10% and, therefore, the amount should be charged at the old rate.

Sri Saurabh Yadav, Advocate, holding brief of Sri Shivam Yadav, Advocate, appearing on behalf of respondent nos. 1, 2 & 3, submitted that he may be allowed two days time to seek instruction in the matter.

Put up on Monday (13.7.2015) as fresh.

Order Date :- 8.7.2015 OP