The Allahabad High Court has ruled in favour of a senior citizen who has been waiting more than four decades for possession of a plot allotted by the Kanpur Development Authority. The Court directed the authority to immediately hand over the land and compensate the allottee for financial losses caused by the delay.
Background of the Case
The dispute dates back to 1967, when B.N. Tripathi emerged as the highest bidder for Plot No. 56 in Block ‘A’, Scheme 39 at Jajmau, Kanpur. A 999-year lease was executed in 1984 after payment of the full premium. Despite the lease deed, physical possession of the plot was never delivered.
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The plaintiff repeatedly wrote to the authority demanding possession. A separate lawsuit in 1985 successfully challenged an unlawful interest demand by the development authority. Even after that verdict, the land was not handed over. With no resolution, the plaintiff filed a civil suit in 2009 seeking possession and damages.
The trial court dismissed the suit in 2016, leading to the present appeal.
Justice Sandeep Jain observed that the lease deed clearly recorded payment of the full premium, and the authority produced no evidence that possession had ever been given. The Court drew an adverse inference against the development authority for failing to produce documents or witness testimony.
The Court noted that the plaintiff had pursued remedies diligently for years, writing repeated letters and even approaching the High Court earlier. It rejected the lower court’s reasoning that the plaintiff failed to prove his case, calling the findings “perverse.”
The bench further observed that the plaintiff had intended to set up a small manufacturing unit and had prepared a project report estimating a monthly profit of ₹13,700. The delay in handing over the plot deprived him of that livelihood.
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The Court allowed the appeal and issued the following directions:
- The defendants must hand over vacant and physical possession of the plot within one month.
- The plaintiff will receive damages at ₹13,700 per month from July 1, 1987, until possession is delivered, with 6% interest.
- An additional ₹5 lakh is awarded for escalation in construction costs due to inflation, with 6% interest.
- The development authority must also provide the approved building plan dated February 27, 1998.
- The plaintiff will receive costs of the suit and appeal, along with ₹2 lakh as exemplary costs for prolonged harassment.
The Court also directed the State to look into the conduct of officials responsible for the delay and take appropriate action.
Case Details
Case Title: B.N. Tripathi & Ors. vs. State of U.P. & Anr.
Case Number: First Appeal No. 10 of 2022
Judge: Justice Sandeep Jain
Decision Date: 09 April 2026
