LUCKNOW DEVELOPMENT AUTHORITY & ANR.GOPAL DAS (DECEASED) THROUGH LRS & ORS. versus GOPAL DAS (DECEASED) THROUGH LRS & ORS.

LUCKNOW DEVELOPMENT AUTHORITY & ANR.GOPAL DAS (DECEASED) THROUGH LRS & ORS. versus GOPAL DAS (DECEASED) THROUGH LRS & ORS.

The finding of the High Court that no development was carried out on the land in question is not supported by the record as 97.1% of acquired land has been developed with necessary infrastructure; thus, development charges are payable by the respondents while seeking restoration of land under Section 17 of the UP Urban Planning and Development Act, 1973.

Parties
Appellant: Lucknow Development Authority & Anr.; Respondent: Gopal Das (deceased) through LRs & Ors.
Jurisdiction
India
Judgment Date
24 July 2019
Procedural Posture
Civil Appeal / Appeal Against Division Bench Judgment of Allahabad High Court, Lucknow Bench
Outcome
Appeal allowed
Legal Topics
Land Acquisition, Urban Planning, Development Charges
Property Law Land Acquisition Urban Planning Development Charges

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Legal principles 2 Authorities cited 3 Party arguments 2 Amounts and remedies 2
Sign in to unlock

Parties

Lucknow Development Authority & Anr.

Appellant

Gopal Das (deceased) through LRs & Ors.

Respondent

Procedural Posture

Civil Appeal / Appeal Against Division Bench Judgment of Allahabad High Court, Lucknow Bench

Legal Issues

  1. 1 Whether the respondents are liable to pay development charges on restoration of acquired land under Section 17 of the UP Urban Planning and Development Act, 1973
  2. 2 Whether the High Court was justified in setting aside the order for payment of development charges

Ratio Decidendi

The finding of the High Court that no development was carried out on the land in question is not supported by the record as 97.1% of acquired land has been developed with necessary infrastructure; thus, development charges are payable by the respondents while seeking restoration of land under Section 17 of the UP Urban Planning and Development Act, 1973.

Court Disposition

Appeal allowed

Orders

  • Judgment of High Court setting aside the claim of development charges is set aside
  • Order quantifying development charges of Rs.1,57,22,056/- raised without hearing is set aside