Court No. - 21
Case :- WRIT - C No. - 13739 of 2019 Petitioner :- Rajkumar And 3 Others Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Gautam Kumar Counsel for Respondent :- C.S.C.,Pramod Jain
Hon'ble Pradeep Kumar Singh Baghel,J. Hon'ble Rohit Ranjan Agarwal,J.
Petitioners, who are four in number, are seeking direction to the respondent No.4 for the payment of additional compensation of 64.70% and allotment of 7% Developed Land in terms of Government Order and policy framed by respondent No.4.
Petitioners were co-owners of Khasra No.1307, measuring 1.8548 hectare, Khasra No.1305 measuring 0.4660 hectare and Khasra No.1322 measuring 0.1240 hectare situated in Village Jewar Bangar, District Gautam Budh Nagar.
The aforesaid land was acquired by the State Government for Planned Industrial Development for respondent No.4.
According to the petitioners, they received the compensation for the said land. As large scale agricultural and Abadi land of different villages of Greater NOIDA and NOIDA were acquired by the State Government, the said acquisition was challenged before this Court and full Bench of this Court by judgement dated 21.10.2011 in case of Gajraj and others decided the issue in dispute.
Petitioners are claiming the benefit so extended by the said judgment for additional compensation of 64.70% as well as 10% of Developed Land.
They have relied upon the Government Orders dated 29.09.2014 and 14.09.2016 and also the proposal in 51st Board meeting of the respondent No.4.
Petitioners have relied upon order passed by coordinate Bench of this Court in Writ-C No.22492 of 2017, Smt. Om Wati versus State of U.P. and 2 others, in which this Court directed the petitioner to approach the respondent-authority. Relevant portion is extracted as hereunder:
"In the facts and circumstances, we dispose of the writ petition by giving an opportunity to the petitioner to make a representation before respondent no. 3 in respect to the grievances raised herein within a period of three weeks from today with the direction to the said authority that in case any such representation is made, he shall consider and decide the same by means of a reasoned and speaking order in accordance with law, keeping in view, the Government Order dated 14 September, 2016 within a period of two months from the date of receipt of the representation.
It is made clear that the Court has not adjudicated the claim of the petitioner on merits and it is for the Authority to take a decision in accordance with law."
Having heard learned counsel for the petitioners; learned Standing Counsel for respondent Nos. 1, 2 and 3; and Shri Pramod Jain, learned counsel for respondent No.4.
We dispose of this writ petition in terms of the order passed by the coordinate Bench directing the petitioner to make a representation before the respondent No.4 ventilating his grievance within 15 days from today, and in the event, the same is made, we hope and trust that the respondent No.4 shall consider and decide the same in accordance with law expeditiously, preferably within a period of four months from the production of certified copy of this order.
The writ petition stands disposed of.
It is made clear that the Court has not adjudicated the claim of the petitioners on merits and it is for the authority to take decision in accordance with law.
Order Date :- 30.4.2019 A.N. Mishra