DEVI PRASAD SINGH, J. - (1.) INSTANT writ petition under Article 226 of the Constitution of India, has been preferred being aggrieved with the development charges imposed by the respondent Lucknow Development Authority, Lucknow (in short LDA) for a land which has been released after acquisition by the State Government. The question cropped up in the writ petition relates to interpretation of Section 17 of the Uttar Pradesh Urban Planning and Development Act, 1973 (in short the Act) whereby, development authorities have got right to impose development charges in view of the expenditure incurred after acquisition of land.
(2.) STATE Government had acquired certain area of land in the year 1981 for plan development at Sitapur Road Extension Scheme. The original petitioner Gopal Das expired during pendency of writ petition (substituted by legal heirs), is the owner of Khasra Plot No.416 and 417 situated in village Mohibullapur and has been running a paint shop by raising construction over it since almost 40 years. After acquisition in accordance with provisions contained in Land Acquisition Act, in the year 1981, the petitioners have not received any compensation. The original petitioner moved an application for release of land on the ground that premises in question has been utilised by him for commercial purpose. When the land was not released, he preferred Writ Petition No.4906 (M/B) of 2010 which was decided by the judgment and order dated 21.5.2010. While deciding the case, this Court directed the respondent State to consider petitioner's application for release of land in pursuance of provisions contained in Section 17 of the Act. In pursuance of the order passed by this Court, the Government considered for petitioner's case and by an office memorandum dated 23.5.2011, while exercising power conferred by sub -section (1) of Section 17 of the Act, released the land. The operative portion from the office memo dated 23.5.2011 contained in Annexure No.1 to the writ petition is reproduced as under: - JUDGEMENT_76_ADJ2_2014.jpg
(3.) AFTER release of the land (supra) in pursuance of office memo dated 23.5.2011, the Secretary LDA, by the impugned order dated 29.7.2011 contained in Annexure No.1 to the writ petition, directed the original petitioner for payment of 12% interest to the tune of Rs.138780.00 assessed as amount incurred on acquisition of land. An additional amount of Rs.15583276.00 was imposed as development charges.;