Court Finds Arbitrary Denial of Plot Possession to Plaintiffs, Awards Exemplary Costs
In a significant judgment, the Allahabad High Court has directed the Kanpur Development Authority (KDA) to deliver possession of a disputed plot to the plaintiffs, B.N. Tripathi and others, and awarded substantial damages for the loss incurred due to prolonged litigation and arbitrary denial of possession. The court found that the plaintiffs were unjustly deprived of the leased plot despite fulfilling all payment obligations.
The case stems from a suit filed by the plaintiffs, who are senior citizens, seeking a mandatory injunction against the KDA and the State of Uttar Pradesh for the delivery of possession of plot No. 56, Block 'A', Scheme 39, Jajmau, Kanpur. The plot, leased for 999 years, was intended for commercial use, specifically for establishing a factory. Despite paying the full premium of Rs. 22,220 and an additional illegally demanded interest of Rs. 44,420.22, the plaintiffs were never given possession.
The trial court's dismissal of the suit was overturned by Justice Sandeep Jain, who highlighted the perverse findings of the lower court. The High Court noted that the KDA had failed to provide any evidence or justification for withholding possession. In a scathing observation, the court criticized the arbitrary and illegal actions of the KDA officials and recommended disciplinary action against those responsible.
The court awarded damages at the rate of Rs. 13,700 per month from July 1, 1987, until possession is handed over, along with pendent lite and future interest at 6% per annum. Additionally, Rs. 5 lakh was awarded for cost escalation due to inflation. The court also imposed exemplary costs of Rs. 2 lakh on the defendants for the harassment and suffering caused to the plaintiffs.
Justice Jain emphasized the responsibility of the State and its functionaries to act lawfully and protect citizens' rights, urging the Chief Minister of Uttar Pradesh to investigate and hold the concerned officials accountable.
The judgment underscores the importance of accountability and adherence to legal obligations by state authorities, ensuring justice for citizens wronged by bureaucratic indifference.
Bottom Line:
Mandatory injunction directing the Kanpur Development Authority (KDA) to deliver possession of the disputed plot and award damages for loss incurred due to non-delivery of possession.
Statutory provision(s): Civil Procedure Code, 1908 Section 96, Section 35 CPC
B.N. Tripathi v. State of U.P., (Allahabad) : Law Finder Doc id # 2880324
