Court No. - 33
Case :- WRIT - C No. - 41812 of 2018 Petitioner :- Ashok Kumar And 3 Others Respondent :- State Of U P And 3 Others Counsel for Petitioner :- Shiv Kant Mishra,Ganga Dhar Shukla Counsel for Respondent :- C.S.C.,Kaushalendra Nath Singh
Hon'ble Manoj Misra,J.
Hon'ble Rohit Ranjan Agarwal,J.
The petitioners have claimed that in the light of the decision of the Full Bench in Gajraj & Ors. Vs. State of U.P. and others reported in 2011 (11) ADJ 1, they are entitled for allotment to the extent of 5% of land which was acquired from them. It has been claimed that the respondents be directed to consider their claim in respect thereof.
Sri Kaushlendra Nath Singh, learned counsel for the NOIDA Authority (respondent no.4), has informed the Court that the benefit of allotment was limited to those petitioners who had challenged the notification and not to those who had not challenged the notification and therefore the petitioners are not entitled to any benefit under the said judgement.
Learned counsel for the petitioners has invited the attention of the Court to order of this Court by which similar matter was disposed of by requiring the Chief Executive Officer, NOIDA to take a decision in that regard, without expressing any opinion on the merits of that case.
As till date the claim of the petitioners has not been decided by the concerned authority, without expressing any opinion on the merits of the claim of the petitioners as also entitlement of the petitioners to any such allotment, as has been prayed for by the petitioners, we dispose off this petition by giving liberty to the petitioners to file comprehensive representation before the Chief Executive Officer, NOIDA (respondent no.4), within four weeks from today, by annexing therewith all the relevant documents in respect of their claim, which shall be considered and decided, in accordance with the law, preferably, within next six weeks.
Order Date :- 18.12.2018 AKShukla/-