PRAYAGRAJ, April 14 -- The Allahabad high court has called upon the Uttar Pradesh chief minister to order an enquiry into alleged negligence by Kanpur Development Authority (KDA) officials and recover damages from those responsible for a 41-year delay in handing over possession of an allotted land to its now 90-year-old leaseholder. The court was dealing with the case of a 90-year-old plaintiff who was the highest bidder and obtained a 99-year lease in 1984 but was not granted possession by the KDA despite various requests. Justice Sandeep Jain, while allowing a first appeal filed by leaseholder BN Tripathi, observed, "But still only God knows when they will be able to obtain its 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 the CM 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. Plaintiffs claimed to be the joint lessees of 2,222 sq yards of plot allotted by the Kanpur Development Authority in 1984. Since KDA issued a demand of 15% per annum on the plaintiffs, they filed a suit which was decreed in their favour. Despite repeated attempts and letters by the plaintiffs to get possession of the land, the KDA did not hand over the possession and ultimately the plaintiffs served a legal notice in 2005 on the KDA. Noting that possession had not been handed over for 41 years, the court held that the plaintiffs were entitled to compensation for the loss suffered because they could not operate the business for which the plot was leased. Accordingly, the court in its April 9 judgment awarded them damages at the rate of Rs. 13,700/- per month from 01.7.1987 until possession of the disputed plot is handed to the plaintiffs, along with pendente lite (a Latin term for pending litigation) and future interest at 6% per annum. Further, the court granted Rs 5 lakh with 5% interest towards costs incurred in setting up the factory, and Rs 2 lakh for harassment and suffering....