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2018 Supreme(All) 824

SUDHIR AGARWAL, AJIT KUMAR
ASHOK KUMAR MALHOTRA – Appellant
Versus
STATE OF U. P. – Respondent


Advocates:
Counsel :
Rajan Tripathi for the Petitioners; C.S.C., Pradeep Kumar Tripathi and Shivam Yadav for the Respondents.

JUDGMENT

Hon’ble Sudhir Agarwal, J.—Heard Sri Rajan Tripathi, Advocate, for petitioners; and, learned Standing Counsel and Sri Pradeep Kumar Tripathi, Advocate, for respondents.

2. This writ petition under Article 226 of the Constitution has been filed by two petitioners, who are brothers, seeking a mandamus commanding respondents-authorities to execute freehold deed of Plots No. 49A and 49 B, Block-F, Govind Nagar, Kanpur Nagar having total area of 596.98 square metres.

3. Brief facts, as stated in the writ petition, are that petitioners are in occupation of land in dispute since 1988. Kanpur Development Authority (hereinafter referred to as “KDA”) announced scheme for regularization on 1.8.1988. The aforesaid advertisement published by KDA has been placed on record as Annexure-1 to the writ petition, which shows that KDA informed to owners of land, who have purchased the same from private/colonizer/housing cooperative societies and raised construction unauthorisedly on the land of Gram Samaj without payment of betterment charges/development charges, that they may get regularisation by submitting regularisation charge/betterment charge at the rate mentioned in the said advertisemen




























































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