Prayagraj, The Allahabad High Court has called upon the Uttar Pradesh chief minister to order an enquiry into alleged negligence by Kanpur Development Authority officials and recover damages from those responsible for a 41-year delay in handing over possession of an allotted land.
Taking serious note of the prolonged delay, the court issued the direction while hearing a case involving a 90-year-old plaintiff who had secured a 999-year lease in 1984 but was never given possession despite repeated requests.
Allowing a first appeal filed by lease holder B N Tripathi, Justice Sandeep Jain observed, “Only God knows when they will be able to obtain possession.” The court also noted that the second plaintiff, Yugrani Devi, died on September 13, 2011, while Tripathi is now nearly 90 years old.
Holding the state accountable, the court said that since the KDA is a statutory body, the Uttar Pradesh government is vicariously liable for its arbitrary and illegal actions.
Asking Chief Minister Yogi Adityanath to look into the matter and recover damages from negligent officers, the court observed that the “unwarranted, arbitrary and whimsical” act by the officers has tarnished the image of the state.
“The state must also ensure appropriate disciplinary action against them 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,” it said.
According to case records, the plaintiffs were allotted a 2,222 sq yard plot by the KDA in 1984. After the authority raised a demand of 15 per cent annual charges, the plaintiffs approached the court and secured a favourable decree.
However, despite repeated representations since 1985, possession was never handed over by the KDA. The plaintiffs later served a legal notice to the authority in 2005 and filed another suit seeking possession, damages and sanction of a building plan.
The plaintiffs claimed that the plot was bought to set up a factory for which they had obtained registration. However, due to the delay, they suffered a loss of more than ₹41 lakh.
In its April 9, 2026, judgement, the court noted that from 1985 till the filing of the suit, the plaintiffs repeatedly wrote to the KDA seeking possession of the land and had produced supporting documents. However, no reply or reason was given by the KDA.
The court held that the plaintiffs were entitled to the loss which they suffered because they could not start the business for which the plot was leased.
Accordingly, it awarded damages of ₹13,700 per month from July 1, 1987, until possession is handed over to the plaintiffs, along with pendente lite and future interest at 6 per cent per annum.
Additionally, the court granted ₹5 lakh with 5 per cent interest towards costs incurred in setting up the factory, and ₹2 lakh for harassment and suffering.
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