AVINASH SINGH Vs. COMMISSIONER
LAWS(ALL)-2003-5-242
HIGH COURT OF ALLAHABAD
Decided on May 14,2003

AVINASH SINGH Appellant
VERSUS
COMMISSIONER Respondents

JUDGEMENT

M.Katju, J. - (1.)Heard learned counsel for the parties.
(2.)This writ petition has been filed for a writ of certiorari to quash the impugned orders dated 15.2.1999 and 16.12.2000, Annexure-1 and Annexure-4 to the writ petition. The petitioner has also prayed for a mandamus directing the respondents to exclude the entire alleged amount of interest from betterment charge in respect of house No. 928 in village Vinaykapur, district Kanpur Nagar ignoring the impugned orders. The petitioner has also prayed that the respondents be directed to sanction and approve the map submitted by the petitioner and permit the petitioner to raise constructions.
(3.)It is stated in paragraph 3 of the writ petition that the petitioner has deposited the entire amount of betterment charge of about Rs. 60,439.50. However, the petitioner is challenging the demand of interest of Rs. 53,828.95 by the impugned order. A true copy of the order dated 16.12.2000 has been annexed as Annexure-1 to the writ petition. In paragraph 5 of the writ petition it is alleged that the petitioner is the owner and in possession of plot No. 928 situate in village Vinaykapur about which on 11.1.1984 the petitioner filed an application for fixation of betterment charge annexing the copy of the sale-deed and photocopy of the receipt of assessment duly received by subordinate office of respondent No. 2 on 11.1.1984, A true copy of the same has been annexed as Annexure-2 to the writ petition. It is alleged in paragraph 6 of the writ petition that in the year 1984 the petitioner deposited 1/4 of betterment charge i.e., Rs. 15,082 and thereafter the petitioner moved an application for sanction of building plan and was ready to deposit the balance 3/4 part of the betterment charge. A true copy of representation is Annexure-3 to the writ petition. However, by the order dated 15.2.1999 the petitioner was directed to deposit a sum of Rs. 94,200.67 upto 28.2.1999 or otherwise to deposit Rs. 1,38,613 in six instalments each after six months. The petitioner moved a representation vide Annexure-5 to the writ petition. In paragraph 11 of the writ petition it is stated that the petitioner has deposited 1/4 amount in the year 1984 and since then he is continuously making efforts for a decision regarding the betterment charge and he is not liable to pay interest. However, his prayer for excluding interest was rejected by the impugned order dated 20.1.2000, Annexure-6 to the writ petition. The petitioner on 27.2.2000 deposited 3/4 of the betterment charge vide Annexure-7 to the writ petition.


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