VidhiSangh

Supreme Court of India · 24/07/2019

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

[2019] 9 S.C.R. 1133 · 2019 INSC 804

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Summary

Landowners seeking restoration of acquired land could not avoid development charges merely because their particular parcel had not been plotted or allotted. Development had to be assessed across the acquired scheme, where the authority had provided infrastructure. However, the quantified demand had been issued without a hearing and was set aside, leaving the authority free to communicate lawful acquisition and development charges and the owners free to pursue any available 2013 Act remedy.

Issues

  1. Whether restoration charges depended on development of the individual parcel rather than the acquired area.
  2. Whether the quantified demand could stand without an opportunity of hearing.

Provisions considered

Held

Result

Appeal allowed against the finding excluding development charges. Demand dated 29 July 2011 separately set aside for want of hearing, with liberty to communicate lawful acquisition and development charges; owners’ available 2013 Act remedies preserved.

Judgment PDF: Supreme Court of India, [2019] 9 S.C.R. 1133.