Court No. - 21
Case :- WRIT - C No. - 38992 of 2018 Petitioner :- Ananad Kumar Sharma And 23 Others Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Vineet Kumar Singh,Shiv Kant Mishra Counsel for Respondent :- C.S.C.,Kaushalendra Nath Singh
Hon'ble Pradeep Kumar Singh Baghel,J. Hon'ble Prakash Padia,J.
Twenty four petitioners have joined this petition aggrieved by a notice dated 13.11.2018, whereby the respondent no.2 has invited the e-bids for residential plots in NOIDA under the "Awasiya Bhukhand Yojna 2011 (1)". The grievance of the petitioners is that their land have been acquired by the State Government between 1976-1997 for the purpose of industrial development of Greater Noida. They have made application for allotment of residential plots under the scheme floated by NOIDA, which has been amended from time to time.
It is stated that inspite of repeated requests for the allotment of residential plots no decision has been taken by the respondents as yet.
Learned counsel for the petitioners has drawn our attention to an order passed by a Co-ordinate Bench in Writ-C No. 57574 of 2014, Ishwar Chand Sharma Vs. State of U.P. and 4 others, wherein in similar facts and circumstances the Court has passed the following order:
"The petitioner claims that his land has been acquired under the Land Acquisition Act and under the Awasiya Bhukhand Yojna 2011 (1) Sanshodhan 2014, he is entitled to be allotted plot. However, the respondent is not considering the claim of the petitioner.
Without going into the merit of the claim of the petitioner, we direct the respondent no. 3 to consider the claim of the petitioner under the aforesaid scheme, in accordance to law. In case, if the petitioner is entitled he may be allotted plot and in case if the petitioner is not entitled, a reasoned order may be passed expeditiously, preferably, within a period of four weeks from the date of presentation of certified copy of this order, in accordance to law.
With the aforesaid direction, the writ petition disposed of. "
It is stated that pursuant to the aforesaid order of the Court, the Chief Executive Officer, Noida has passed the order dated 26.10.2015 directing the authorities concerned to consider that if the applicant is found eligible under the said scheme, his claim for allotment of a residential plot shall be considered in accordance with law.
We have heard the learned counsel for the petitioners, learned Standing Counsel and Sri Kaushalendra Nath Singh, learned counsel for respondent nos. 2 and 3.
Having regard to the facts that in similar facts and circumstances this Court has directed the respondents to consider the case of the similarly placed persons. We find that the justice requires the similar order be passed in this case also.
Accordingly, this writ petition is disposed of in the same terms.
Order Date :- 29.11.2018 MAA/-