Sarvesh Kumar and 3 Others v. State of U.P. and 3 Others

Court No. - 21 Case :- WRIT - C No. - 42818 of 2023 Petitioner :- Sarvesh Kumar And 3 Others Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Sanjay Kumar Mishra Counsel for Respondent :- C.S.C.,Kaushalendra Nath Singh Hon'ble Manoj Kumar Gupta,Acting Chief Justice Hon'ble Donadi Ramesh,J.

¶1The instant petition has been filed for the following reliefs: "Issue a writ order or direction in the Nature of MANDAMUS directing the Noida Authority to allot 5% developed abadi plot to the petitioners in lieu of her acquired land bearing Khasra no.804 area

0.8404 hectare of the Revenue Village Shahdara, Pargna-Dadri, Tehsil-Sadar, District Gautambudh Nagar. Issue a writ order or direction in the Nature of MANDAMUS directing the respondents to pay 15% rehabilitation bonus to the petitioners in lieu of her acquired land Khasra no.804 area 0.8404 hectare of the Revenue Village Shahdara, Pargna-Dadri, Tehsil-Sadar, District Gautambudh Nagar."

¶2Sri Kaushalendra Nath Singh, learned counsel appearing on behalf of Noida Authority points out that the petitioners were paid entire compensation as admitted in para 12 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 petitioners 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¶4Sri Kaushalendra Nath Singh submits that since the petitioners have already withdrawn entire compensation and, therefore, they are not entitled to benefit of the said judgment. He further 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, A.C.J.) Order Date :- 12.12.2023 Ankit. High Court of Judicature at Allahabad