Court No. - 21
Case :- WRIT - C No. - 24008 of 2019 Petitioner :- Janak Singh And 7 Others Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Chandan Sharma,Anurag Shukla,Jitendra Kumar Counsel for Respondent :- C.S.C.,Kaushalendra Nath Singh
Hon'ble Pradeep Kumar Singh Baghel,J. Hon'ble Piyush Agrawal,J.
The petitioners are eight in numbers. They have instituted this writ proceeding for common cause. The Ghaziabad Development Authority has rejected their claim for the regularization/lease back the land on which their residential houses are constructed. It is submitted that a Committee was constituted by the Development Authority which has considered the claim of the persons whose residential houses were in existence before a cut of date. Such persons have moved the applications for the regularization of their residential houses. The said Committee has made a recommendation in favour of the several persons who were able to satisfy the Committee that their residential houses are in existence before the cut of date.
In the petitioner's case the Committee has found that they have purchased the land in question after the notification, hence their cases have been taken on record by the recommendation of the copy of the said report is on the record as Annexure 7 & 8. However, the learned counsel for the petitioner has invited our attention to registered sale deed dated 21.02.1986 , Khsara No. 616 which is in Annexure No. 2 to the Writ Petition to demonstrate that the foundation of the Committee's report is incorrect and the petitioners are also and similar situated to the persons who have approached this Court by means of the Writ Petition 996 of 2011.
Without expressing any opinion on the contention raised on behalf of the parties we are of the view that end of the justice requires that the cause of the petitioner be considered by the second respondent along with similarly placed persons who have earlier approach this Court.
Accordingly we grant liberty to petitioners to file a fresh representation within three weeks before the appropriate authority along with the documents in support of their claim. In the event any such representation is made the authority shall consider the cause of the petitioner along with similarly placed persons and pass the order independently in accordance with law.
Order Date :- 25.7.2019 Sachin