- (1.) Heard Shri Birendra Singh, learned counsel for the petitioners, learned Standing Counsel for State respondents and Shri Shivam Yadav appearing for the Kanpur Development Authority.
(2.) Petitioners have approached this Court seeking a writ of mandamus to command the respondents to pay compensation to the petitioners in respect of plot no. 451/1 measuring 6 bigha situate at Barra-3, Kanpur Nagar (hereinafter referred to as 'plot in dispute') to them on existing market value along with interest.
(3.) Case set up by the petitioners is that one Chinta Lal s/o Mitthu, r/o village Usmanpur, Kanpur Nagar was the bhoomidhar with transferable right of the plot in dispute. By means of a registered sale deed dated 21.02.1990, the said plot was transferred in favour of the petitioners, who belonged to same family and thereafter their names also came to be mutated in revenue record on 11.08.1990. Sometimes in the month of June 1990, Kanpur Development Authority (hereinafter referred to as 'KDA') started interfering in the possession of the petitioners, which led them to file civil suit for injunction being Original Suit No. 520 of 1990 before Additional Civil Judge-II, Kanpur Nagar. The suit was contested by the KDA by filing written statement alleging that plot in dispute did not belong to Chinta Lal and the entire plot no. 451 was land belonging to urban ceiling department, as such, the plaintiff (petitioners herein) had no right to purchase the said property and the possession of the said plot was already handed over for development work.;