- (1.) The petitioner filed Civil Misc. Writ Petition No. 36258 of 2003 for the following reliefs: (a) To issue a Writ, Order, direction in the nature of mandamus directing the respondents to regularize the house No. 133/165-B, Rattoopurwa, Juhi Khurd, Kanpur Nagar, constructed over plot No. 234-A, Juhi Khurd, Kanpur Nagar, measuring an area of about 760.48 sq. meter, according to the scheme of the Kanpur Development Authority, Kanpur for regularization of plot at latest rate. (b) To issue a Writ, Order or direction in the nature of mandamus directing the respondents to decide the representation of the petitioner within the time granted by this Hon'ble Court. (c) To issue any such other suitable writ order or direction as this Hon'ble Court may deem fit and proper under the circumstances of the case. (d) To award the costs of this writ petition to the petitioner. The facts, as stated in the writ petition are, that The land of village Juhi Khurd was acquired by Nagar Maha Palika, Kanpur, in the year 1970. The Nagar Maha Palika, Kanpur could not develop the scheme and accordingly, the said scheme merged with the Kanpur Development Authority (for short the KDA') in the year 1973. As the land stood acquired, but no compensation paid, the land owners of the villages, who were in possession of the land, made constructions of their houses and obtained orders of assessment from Nagar Maha Palika. House numbers were too allotted to these contructions. The petitioner constructed his own house in village Juhi Khurd in Arazi No. 234-A (area 760.48 sq. mts.). In 1981 the house constructed by the petitioner was subjected to Municipal assessment and was allotted house No. 133/165B, Rattoopurwa Juhi Khurd, Kanpur Nagar.
(2.) As neither the occupation over the land, nor the constructions were regularized, a scheme for regularization of plots and houses was launched in the year 1990 by the KDA. The scheme dated 17.6.1990, 2.2.1991 and 10.3.1991, as publicly notified, have been annexed to the petition. Pursuant to the said scheme, the petitioner deposited a token amount of Rs. 38,000/- on 18.3.1991 and also filed an application for regularization. A copy of receipt is Annexure 3 to the petition. The petitioner contends that even though he has completed all the formalities, but inspite of repeated request to the concerned authorities for regularizing his plot/house, nothing has been done.
(3.) We have heard Shri Dev Brat Mukherjee, learned counsel for the petitioner and Shri M.C. Tripathi, learned counsel for the respondents and have examined the records.;