Court No. - 21
Case :- WRIT - C No. - 41607 of 2018 Petitioner :- Karmveer And Another Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Shiv Kant Mishra,Samya Lal Pandey Counsel for Respondent :- C.S.C.,Anjali Upadhya
Hon'ble Pradeep Kumar Singh Baghel,J. Hon'ble Prakash Padia,J.
We have heard learned counsel for the petitioners, learned Standing Counsel for respondent nos. 1 and 2 and Sri Ramendra Pratap Singh, learned counsel who has put in appearance on behalf of respondent no. 3.
The writ petition in question is preferred for the following relief-
"Issue a writ, order or direction in the nature of mandamus directing the Greater Noida Authority to decide the application of the petitioner dated 28.5.2018 in the light of the Greater Noida Abadi Rules."
The facts, as narrated in the writ petition are that the petitioners are the owners with transferable right of Khasra No. 1263/0.0180, 1264/0.170, 1268/0.170, 1249/0.130, 1250/0.0380, 757 area 0.1510 hectare of Revenue village Mayacha, Pargana Tehsil Dadari, District Gautm Budh Nagar. The State Government issued a Notification under Section 4(1)17 on 17.04.2006 for planned industrial development through Grater Noida. By the aforesaid notification land of the petitioners were proposed to be acquired. The aforesaid notification was followed by notification under Section 6 of the Act of 1898. The notification under Section 6 was issued by the State Government on 19.02.2007. It is stated that the land of the petitioners are being used as Abadi land. It is further stated that the petitioners have already constructed their residential houses over the land in question.
The State Government issued a Government Order dated 24.04.2010 for lease back of the Abadi land to the farmers with certain conditions.Pursuant to the same a policy was introduced viz. Greater Noida Industrial Development Rulral Abadi Sites (Management and Regularization) 2011 which was amended in the year 2015. A copy of the aforesaid policy is also appended as Annexure-6 to the writ petition.
After the aforesaid policy was introduced, the petitioners moved a detailed representation for regularization of their land on 28.05.2018. A copy of the said representation is appended as Annexure-7 to the writ petition) In this background of the matter, the petitioners filed the present writ petition to issue a mandamus directing the Greater Noida Authority to decide the representation of the petitioners dated 28.05.2018.
Taking into consideration the entire facts and circumstances of the case, we are of the view that interest of justice would be sub-served by issuing a direction to the third respondent to consider the cause of the petitioners and pass appropriate orders in accordance with law expeditiously, preferably within a period of three months from the date of presentation of this order.
We make it clear that we have not expressed any opinion on merits of the case and the authority concern shall pass order independently, in accordance with law.
With the aforesaid directions, this writ petition is disposed of.
Order Date :- 20.12.2018 M.A.Ansari