Umesh Chand and 3 Others v. State of U.P. and 3 Others

Court No. - 21 Case :- WRIT - C No. - 26440 of 2018 Petitioner :- Umesh Chand And 3 Others Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Shiv Kant Mishra,Jai Shanker Misra Counsel for Respondent :- C.S.C.,Kaushalendra Nath Singh Hon'ble Manoj Kumar Gupta,J. Hon'ble Donadi Ramesh,J.

¶1The instant petition has been filed praying for a writ of mandamus commanding the respondent Authorities to allot 5% additional developed land in lieu of acquisition of their land in terms of the judgment and order dated 21.10.2011 passed by Full Bench of this Court in Gajraj vs. State of U.P. and others, 2011

(11) ADJ 1.

¶2It is specifically pleaded in paragraph 14 of the writ petition that the petitioners also challenged the notifications under the Land Acquisition Act, 1894 and their writ petitions were disposed of by orders passed on various dates in terms of the judgment of the Full Bench. It is not disputed that thereunder, the land owners are held entitled to allotment of developed land in addition to the compensation amount.

¶3The Noida Authority has not filed any counter affidavit so far despite time having been granted way back in the year 2018.

¶4In our opinion, interest of justice would be served in directing respondent no. 4 to take appropriate decision in respect of the claim of the petitioners for allotment of 5% additional developed land, keeping in mind the directions issued by the Full Bench in Gajraj case (supra), decided on 21.10.2011, within a period of eight weeks from the date of production of a true attested copy of the instant order along with a fresh representation.

¶5The writ petition stands disposed of accordingly. (Donadi Ramesh, J.) (Manoj Kumar Gupta, J.) Order Date :- 19.10.2023/Jaideep/- High Court of Judicature at Allahabad