The Allahabad High Court has directed Uttar Pradesh Chief Minister Yogi Adityanath to initiate an inquiry into the Kanpur Development Authority (KDA) following a staggering 41-year delay in handing over possession of a leased plot to a 90-year-old man. Describing the actions of the officials as “arbitrary and whimsical,” the court ordered the state to recover damages from the responsible officers and compensate the petitioner for decades of harassment and financial loss.
The case involves B.N. Tripathi and the late Yugrani Devi, who were allotted a 2,222-square-yard plot by the KDA in 1984. The land was intended for a factory, for which the plaintiffs had already obtained registration. In December 1984, they secured a 999-year lease. However, despite a favorable court decree regarding annual charges and dozens of representations made since 1985, the KDA failed to hand over physical possession of the land.
Tragically, Yugrani Devi passed away in September 2011 without ever seeing the project come to fruition. The first plaintiff, B.N. Tripathi, is now nearly 90 years old. Justice Sandeep Jain, presiding over the first appeal filed by Tripathi, remarked on the uncertainty of the situation, observing, “Only God knows when they will be able to obtain possession.”
The High Court took a stern view of the KDA’s silence, noting that the authority never provided a reply or a valid reason for withholding the land for over four decades. The court held that since the KDA is a statutory body, the Uttar Pradesh government is “vicariously liable” for its illegal actions.
“The state must also ensure appropriate disciplinary action against them [KDA officials] for their alleged illegal acts which were unwarranted, arbitrary and whimsical, which have tarnished the image of the state and its functionary in the public,” the court stated in its judgment.
Justice Jain further called upon the Chief Minister to ensure that the damages awarded to the petitioner are recovered from the salaries or assets of the negligent officers responsible for the delay.
Recognizing the significant business losses—estimated by the plaintiffs at over ₹41 lakh—the court awarded a comprehensive compensation package:
- Monthly Damages: ₹13,700 per month from July 1, 1987, until the date possession is finally handed over.
- Interest: 6% per annum interest on the pending litigation (pendente lite) and future amounts.
- Setup Costs: ₹5 lakh (with 5% interest) for the costs incurred in the initial attempt to set up the factory.
- Harassment: ₹2 lakh specifically for the “harassment and suffering” endured by the aging petitioner.
The court’s decision underscores the accountability of development authorities and ensures that administrative negligence does not go unpunished, especially when it deprives citizens of their rights for a lifetime.
