Jai Karan and 4 Others v. State of U.P. and 3 Others

Court No. - 21 Case :- WRIT - C No. - 38118 of 2023 Petitioner :- Jai Karan And 4 Others Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Kamlesh Kumar Mishra 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 respondent no.4 to allot 5% developed Abadi land to the petitioners in lieu of their acquired land of Village Sahadara, Pargana Dadari, Tehsil Sadar, District Gautam Budh Nagar.

¶2Sri Kaushalendra Nath Singh, learned counsel appearing on behalf of Noida Authority points out that the petitioners were paid 90 per cent of the compensation as admitted in para 6 of the writ petition. He tried to contend that the reliefs claimed in the petition are not admissible to the petitioners.

¶3Learned counsel for the petitioners submits that the claim of the petitioner is covered by the judgment of Supreme Court in Ramesh Chandra Sharma & Others vs. State of U.P. & Others; 2023 SCC OnLine SC 162.

¶4Sri Kaushalendra Nath Singh submits that the Authority, if so directed, will still consider the claim of the petitioners and pass a speaking order.

¶5Accordingly without expressing any opinion on merits the petition is disposed of with liberty to the petitioners to make representation to Noida Authority alongwith true attested copy of the instant order. The representation will be decided by the Authority within eight weeks from the date of receipt of representation alongwith copy of the instant order. (Donadi Ramesh, J.) (Manoj Kumar Gupta, J.) Order Date :- 6.11.2023 Noman High Court of Judicature at Allahabad