Allahabad High Court
Smt. Kamala Devi And Others vs The State Of U.P. Thru Secy. And ... on 7 December, 2012
Bench: Satya Poot Mehrotra, Abhinava Upadhya
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. - 21
Case :- WRIT - C No. - 63708 of 2012
Petitioner :- Smt. Kamala Devi And Others
Respondent :- The State Of U.P. Thru Secy. And Others
Petitioner Counsel :- Vijaya Prakash
Respondent Counsel :- C.S.C.,B. Dayal
Hon'ble Satya Poot Mehrotra,J.
Hon'ble Abhinava Upadhya,J.
The present Writ Petition has been filed by the petitioners under Article 226 of Constitution of India making the following prayers:
"1. Issue, a writ, order or direction in the nature of mandamus directing respondent no.2 and 3 not to impose the additional amount and interest on the members of petitioner no.1 (allottees of the colony under the Ganga Nagar Scheme) differently than the other allottees of the colony under the Ganga Nagar Scheme, who are petitioners of writ petition No. 31631 of 2005.
2.Issue a writ order or direction in the nature of mandamus directing the respondent no.2 and 3 to realize the amount from the members of petitioner no.1 as decided by them vide order dated 01.04.2005 in compliance of judgment dated 29.04.2005.
3. Issue a writ, order or direction in the nature of mandamus restraining the respondents from passing any adverse order against the members of petitioner no.1.
4. Issue a writ, order or direction in the nature of mandamus directing the to decide the fresh representation of the petitioners as decided in respect of the other petitioners who are allottees of Ganga Nagar Scheme and approached this court earlier.
5. To issue any other order or direction which the Hon'ble Court may deem fit and proper in the circumstances of the case.
6. To award the cost of the petition to this petitioner."
It appears that for the purpose of establishing a residential colony, a huge area of land was acquired. Thereafter, the plots were allotted to various persons. The petitioners are some of the allottees of the plots.
One of the conditions for the allotment of plot was that in case there was an enhancement in the amount of compensation to be awarded for acquisition of land, the allottee would be required to pay additional compensation with interest.
The case of the petitioners is that the quantum of additional amount of enhanced compensation and interest to be paid by the petitioners cannot be on a different basis than the basis on which the quantum payable by the other allottees of the colony in respect of the said items is to be computed.
We have heard Sri Vijaya Prakash, learned counsel for the petitioners, the learned Standing Counsel appearing for the respondent no.1 and Sri B Dayal, learned counsel for the respondents no.2 and 3, and perused the record.
It is not disputed by the learned counsel for the parties that the controversy involved in the present Writ Petition was the subject-matter of an earlier Writ Petition, namely, Civil Misc. Writ Petition No.31631 of 2005(Ganga Nagar Welfare Association and others Vs. Meerut Development Authority, Meerut and another) which was disposed of by this Court by the Judgment and Order dated 29.4.2005.
It is again not disputed by the learned counsel for the parties that the petitioners are similarly situated as the persons involved in the aforesaid Writ Petition, namely Civil Misc. Writ Petition No.31631 of 2005.
The relevant portion of the Judgment dated 29.4.2005 passed by this Court in the aforesaid Civil Misc. Writ Petition No. 31631 of 2005 is reproduced below:
"Shri Dayal has submitted that as there is no dispute on legal issues, as explained above, the dispute remains only of calculation. Thus it would be desirable that the allottee if is so aggrieved, may make a representation before the competent authority and the authority shall determine the exact amount explaining the demand under different heads so that the allottee may understand his liability and make payment within a reasonable time.
Thus, in view of the above, we dispose of this writ petition with a direction that in case an individual- allottee makes a proper representation before the authority concerned, the authority shall inform the individual as what was the market valued assessed at the time of making award under section 11 of the Act; what was the enhancement under section 18 of the Act, and how much burden the allottee has to share including his share for the area left for parks, community centre and roads etc in addition to his plot and he may be given a reasonable time to deposit the said amount. In case the said amount is not paid within the said stipulated only then the authorities will proceed against him in accordance with law.
Till the aforesaid course stands concluded, authorities are restrained from passing any order adversely affecting any of the members of the petitioners association."
As the petitioners are similarly situated as the persons involved in the aforesaid Writ Petition, we are of the view that the interest of justice would be sub-served by disposing of the present Writ Petition by giving similar directions as given in the aforesaid Writ Petition.
We accordingly dispose of the present Writ Petition with the following directions:
i.The petitioners may make a representation before the respondent no.3 (Vice Chairman, Meerut Development Authority, Meerut) along with certified copy of this order within six weeks from the date of issuance of certified copy of this order;
ii. On representation being so made by the petitioners, the respondent no.3 will decide the representation expeditiously, preferably within a period of two months of the receipt of said representation, by passing a speaking order after giving reasonable opportunity of hearing to the petitioners.
Order Date :- 7.12.2012
SKM
Order Date :- 7.12.2012
SKM
