Hon’ble Pankaj Naqvi, J.—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.”

2. 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.

3. 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.

4. 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.

5. Learned counsel for the petitioner The petitioner contends that the KDA adopted dilatory tactics to keep regularization applications pending inordinately, so that they could regularise the plots on enhanced rates and also charge interest over the current rate from the date of application till the regularization of plot. He cites an example of one Smt. Amola Devi, whose application for regularization was made in the year 1991, but the rate she had to pay was of the year 1999. The petitioner was informed by a letter dated 23.8.2000 that his application for regularization of plot/house is under process and the decision on it would be communicated to him. The petitioner alleges that after the receipt of letter dated 23.8.2000 he visited the office of the respondents on several occasions and also filed several representations to regularise his plot, but of no avail. He submits that the petitioner, being a poor person, with the enhancement of the circle rate every year, his application for regularization of plot is liable to be considered on the then prevailing rates.

6. In the counter-affidavit field on behalf of the KDA it is stated that it had given an offer under the scheme in the year 1990-91, to all such persons, who had made unauthorized constructions over the own land, without obtaining proper sanction of building plan and also to those persons, who had unauthor