Court No. - 32
Case :- WRIT - C No. - 41636 of 2019 Petitioner :- Sanjay Singh Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Krishna Kant Mishra Counsel for Respondent :- C.S.C.,Anjali Upadhya
Hon'ble Shashi Kant Gupta,J. Hon'ble Shamim Ahmed,J.
This writ petition has been filed interalia for the following relief:
"i. Issue a writ, order or direction in the nature of certiorari quashing the impugned Board decision dated 22.08.2019 (Annexure No. 2 to this writ petition) taken by the Board of the Greater Noida Authority in its 115th sitting.
ii. Issue a writ, order or direction in the nature of certiorari quashing the impugned Board decision dated 22.08.2019 (Annexure No. 2 to this writ petition) taken by the Board of the Greater Noida Authority in its 115th sitting.
iii. Issue a writ order or direction in the Nature of mandamus commanding and directing the respondents to allot remaining 4% developed land to the petitioners in terms of the judgment and order dated 21.10.2011 passed by the Hon'ble Full Bench of this Hon'ble Court in the case of Gajraj and others Vs. State of U.P. and others."
Heard Sri Krishna Kant Mishra, learned counsel for the petitioners, Sri Ramendra Pratap Singh, learned counsel appearing on behalf of the respondent-Noida Authority and perused the record.
By means of this writ petition, the petitioners are seeking to allot 4% development area in lieu of their acquired land. The petitioners are owners with transferable rights of their land situated in various parts of Noida, District Gautam Budh Nagar.
Learned counsel for the petitioners has stated that the petitioners have also challenged the Government Order dated 21.09.2016 whereby the resolution passed by the Noida Authority with regard to the grant of 10% developed land to the petitioners was rejected and thereafter the Noida Authority itself in view of the order passed by the State Government as well as the decision of the Hon'ble Apex Court in Khatoon and others Versus State of Uttar Pradesh through Principal Secretary and others reported in (2018) 14 Supreme Court Cases 346 withdrew its earlier decision regarding the allotment of 10% developed land to the petitioners.
Learned counsel appearing on behalf of the respondent-Noida Authority has stated that the controversy involved in the present writ petition is squarely covered by the judgment rendered by the Hon'ble Apex Court in the case of Khatoon and others Versus State of Uttar Pradesh (Supra). The aforementioned judgment was followed by this Court in the case of Smt. Maya Devi and 5 others Versus State of U.P. and 2 Others decided on 07.11.2019 in Writ C No. 35693 of 2019 wherein it has been held that the petitioners therein are not entitled for the reliefs as claimed by them. The claim of the petitioners therein with regard to 10% developed land was not allowed as the petitioners could not establish their legal right to claim such 10% developed land.
Learned counsel for the petitioners has not disputed the contention so made by the learned counsel for the respondent- Noida Authority.
Since the present matter is also covered by the decision of the Hon'ble Apex Court as well as of this Court as noted herein above, the present writ petition is dismissed in terms of the order dated 07.11.2019 passed by this Court in Writ C No. 35693 of 2019 (Smt. Maya Devi and 5 Others Versus State of U.P. and 2 Others).
Order Date :- 20.12.2019 vinay