ANNEXURE:

briefly stated, the relevant facts of the Case Hari Shanker Mishra V. Vice Chairman,
Kanpur Development Authority as disclosed
The petitioner sought a writ of mandamus under article 226 of the constitution. The
objective of this writ claimed by the petitioner was to direct the Kanpur development
authority (KDA) to provide possession of plot no. 32, block o, Govind Nagar scheme
I based on a deed of exchange executed on February 25, 1999 to the petitioner. prior to
forming of the u.p urban planning and development act, 1973, the development of
building sites in Kanpur was done by the Kanpur development board which was
constituted under U.P Nagar Mahapalika Adhiniyam. the petitioner claimed that the
kanpur development board acquired land and after developing the same let out in the form
of plots on lease for long term basis. and for that fact plot no. 47-b, block j, govind nagar,
had been allotted to the petitioner by the kanpur development board however, the date of
allotment but according to the terms laid down the petitioner paid one-fourth of the cost
of the plot and the rest three- forth would is promised to be paid through instalments after
the possession of the plot. however, he was not given the possession and he did not clear
the balance three forth. after the enactment of the U.P urban planning and development
act, 1973, the Kanpur development authority (KDA) succeeded the Kanpur development
board. hence the petitioner approached kda fo the physical possession of the plot where
the petitioner discovered that was illegally occupied by a third party who also had a
construction on it. later the kda introduced a scheme for providing an alternate plot in
such disputed cases and the for the same the petitioner deposited the balance amount
along with interest and a deed of exchange was executed February 25, 1999, allotting plot
no. 32, block o, Govind Nagar scheme i in their favour of the petitioner. even after the
registration of the deed in favour of the petitioner the possession of the plot physically
was not given him even after several representations were made. with no choice leaving
the petitioner filed for the possession of the same where the respondents contested the
petition on the ground, inter alia that plot no. 47-b, block j, Govind Nagar, was never
allotted nor any lease deed of the said plot was executed.
 High Court of Allahabad, Mediation and Conciliation Centre

High Court of Allahabad, Allahabad

Settlement/Agreement

06.03.2025

Present

Hari Shanker Mishra (hereinafter referred as “petitioner”)

Vice Chairman, Kanpur Development Authority(hereinafter referred as “Respondent”)

held one private session with parities and one joint session with parties

Negotiations held

The petitioner filed writ petition of mandamus under 226 of the constitution. Titled as Hari
Shanker Mishra Vs. Vice Chairman, Kanpur Development Authority pending in High Court
of Allahabad.

The Respondent filed a countersuit in the High Court of Allahabad.

Mediation/ settlement agreement is being executed by and between Hari Shanker Mishra
through MR.-------------, registered office at ---------------------------(hereinafter referred to as
petitioner) And
Vice Chairman, Kanpur Development Authority through MR.-------------------- registered
office at ----------------(hereinafter referred to as respondents)

After negotiations, the petitioner and Respondent have agreed to following:

1. It is agreed that the parties to this agreement have now settled their dispute in
aforesaid appeals in the mediation proceedings held on 25th of February 2024 and
5th of march 2024 at the mediation centre.
2. It is agreed that Mediation/ settlement agreement is being settled on 5 th of march
2024 and the process of execution shall sssbegin from then by and between Hari
Shanker Mishra and Vice Chairman, Kanpur Development Authority.
3. It is agreed that the parties appoint -------------------- as mediator for their
 negotiations and the mediator assists participants to reach agreement in a consensual
and informed manner.
4. It is agreed that the mediation process is independent legal review and the parties
mediating can review the agreement before signing the agreement.
5. It is agreed that the mediator has an obligation to work on behalf of each party
equally and the mediator cannot render individual legal advice to any party and will
not render therapy within the mediation.
6. It is agreed and accepted by both the parities that mediators appointed by the court
are appropriate to deal with this settlement and the mediators are independent in
nature.
7. It is agreed that the mediators appointed by the court are competent, impartial,
expertise and experienced in resolving such disputes. The primary duty of the
mediators is to facilitate communication and negotiation between the parties
involved in the dispute.
8. It is agreed that the mediators help in identifying issues, explore interests. And
generate options for resolution.
9. It is agreed and understood that the mediators are confidential and ensure that all
discussions and information shared during mediation remain private and cannot be
used against either party in future legal proceedings. The parties, their advisors and
all other persons attending the mediation shall keep confidential and shall not revel,
save as required by law.
10. It is agreed that the mediation will be strictly confidential. And all mediation
discussions, including written, oral, and digital or any such other communications
with the both the parties and their advisers, any drafts of resolutions, unsigned
mediation agreements shall not be admissible in any court proceedings.
11. It is agreed and submitted to the honble court that the parties shall explore the
possibilities of compromise and hence the matter is referred to mediation by the high
court of Allahabad. Both the parites by way having a one private session and one
join session have agreed upon the terms in the agreement.
12. It is agreed that the parties seek permanent settlement through way of compensation
amounting to 10 lakhs rupees only to be paid to the petitioner and the execution deed
made by the respondents 25th February 1999 would cease to exist.
13. It is agreed that the compensation paid to the petitioner would in of two instalments
each instalment of 5 lakh rupees only within a period of one month only i.e. 7 th of
 April 2024.
14. It is agreed that the execution deed made on 25 th February 1999 would cease to
exists upon the payment of the first instalment by the respondents to the petitioners.
15. It is agreed that the mode of payment would be through bank transfer.
16. It is further agreed between the parties that obligations under this settlement will be
fulfilled in the aforesaid manner without any delay or payment of the settled amount.
17. It is agreed that the petitioners shall complete all other formalities and
documentations required for the same.
18. It is agreed that both parties agree to keep the terms and details of this Settlement
Agreement confidential, except as required by law.
19. It is agreed that in view of the present settlement, the petitioner and respondent shall
withdraw their respective cases from the referral court as well as the connected case
pending in the court of Allahabad. However, in case of default as mentioned
hereinabove, the both parties shall be at liberty to continue with the trial of case
referred for mediation.
20. The petitioner and the respondent with the assistance of their respective counsels
shall cooperate in the execution of the terms and conditions of this settlement.
21. It is settled that after compliance of the terms of the present settlement, there shall
remain no dispute due between the parties arising out of the said dispute and that
none of the parties shall file any civil or criminal proceedings against each other in
future and that if any other case/petition/complaint etc. between the parties is
pending in any Court or Authority, the same shall be withdrawn/got disposed of by
the respective party.
22. The parties have settled their dispute and signed the settlement out of their own free
will, without any fear, force, coercion or undue influence from any side.
23. The parties for have been explained and made understood of the mediation
proceedings and settlement in English and their vernacular and the same has been
admitted by the both parties.
24. The copy of the settlement is given to both the parites. And the original MSA will be
sent back to the referral court. The parties
25. It is agreed that the petitioner as well as the respondent will withdraw their suit as
well petitioner counter-suit in accordance to law.
26. It is agreed that the petitioner as well as the respondent will withdraw their suit as
well as counter-suit in accordance to law.
 27. It is agreed that both parties will acknowledge and recognize each other’s interest
and shall be conducted in
28. good faith and that the parties shall make genuine, ethical efforts to negotiate a
reasonable resolution of the dispute, claim.
Signature of Petitioner Signature of Respondents

The content of the settlement wave been explained to the parties in vernacular and they have
understood the same and have admitted the same to be correct,

The content of the settlement has been explained to the participants in English and vernacular
languages, and they have duly acknowledged and understood the same and have admitted the
same to be correct and true.

Settlement proceedings be sent to the referral court. Parties to appear before the referral Court
on the next date of hearing i.e. _________for further direction.
Copy of settlement be given to both the parties.
Original copy of the settlement be also sent to the concerned courts in connected case

Signature of
Mediator