Court No. - 39
Case :- WRIT - C No. - 7915 of 2021 Petitioner :- Azad Singh Respondent :- State Of U P And 2 Others Counsel for Petitioner :- Pankaj Dubey,Rishu Mishra Counsel for Respondent :- C.S.C.,Anjali Upadhya,Ramendra Pratap Singh
Hon'ble Manoj Kumar Gupta,J. Hon'ble Deepak Verma,J.
Sri Nipun Singh, Advocate, has entered appearance on behalf of petitioner.
The case of the petitioner is that his abadi site falls in the regulated area, under the jurisdiction of the third respondent. The petitioner had moved an application on 23.12.2020 before Chief Executive Officer, Greater Noida praying for regularization of his abadi, but the same has not been decided so far, therefore, the instant writ petition has been filed seeking several reliefs.
Sri Nipun Singh, learned counsel for the petitioner submitted that there is provision for regularization of abadi site under the Greater Noida Industrial Development Rural Abadi Sites (Management and Regularization) Regulation, 2011. A three member committee, whose chairman is Chief Executive Officer of the Authority, has to take decision in the matter.
Learned counsel for the third respondent submitted that 30.6.2021 is cut-off date in respect of existence of abadi, to permit regularization.
As the application filed by the petitioner is still pending, in our opinion, the same deserves to be decided without delay. No doubt, while deciding the said application, the authority shall consider the issue as to whether abadi existed on 30.06.2011 or not and whether the petitioner is entitled to regularization of his abadi or not.
Accordingly, without expressing any opinion on merits of the case, we dispose of the writ petition with direction to the third respondent to place the application of the petitioner before the Committee contemplated under the Regulation and the Committee shall take decision expeditiously, preferably within eight weeks from the date a true attested copy of the instant order along with photy-copy of the application dated 23.12.2020 is communicated to the third respondent.
(Deepak Verma,J.) (Manoj Kumar Gupta,J.) Order Date :- 24.9.2021/CS/-