Court No. - 40
Case :- WRIT - C No. - 36162 of 2018 Petitioner :- Suresh And 3 Others Respondent :- State Of U P And 4 Others Counsel for Petitioner :- Rakesh Pande,Prateek Rai Counsel for Respondent :- C.S.C.,Mahesh Narain Singh
Hon'ble Amreshwar Pratap Sahi,J. Hon'ble Ajit Kumar,J.
Heard learned counsel for the petitioners and Sri M.N. Singh, learned counsel appearing for the respondent- Ghaziabad Development Authority.
The grievance of the petitioner is that the land is within Hi-tech Township in villages – Dasna, Duryai and Dujana, District- Ghaziabad. The petitioners' land has not yet been acquired even though a notification under Section 4 of the Land Acquisition Act, 1894 had been issued. The consequence of the land being within the Hi-tech city developing area is that the respondent- Ghaziabad Development Authority is not extending any individual sanction of map for raising any construction or development to the land holders. In such circumstances, it is urged that when the respondent developer, namely, respondent No.5 is unable to develop the Hi-tech city within the time prescribed as per the memorandum of understanding then the respondent- Ghaziabad Development Authority should either proceed to acquire the land and pay compensation to the petitioners or otherwise permit the petitioners to develop their own land. This situation of keeping the pendulum hanging over the fate of the land for the past more than a decade is, therefore, detrimental to the interest of the petitioners and other such land holders. For this, the petitioners have already approached the Development Authority.
We, therefore, dispose of the writ petition with a direction to the 3rd respondent-Vice Chairman Ghaziabad Development Authority to consider the said grievance of the petitioners and pass an appropriate order as expeditiously as possible within a period of three months from the date of production of certified copy of the order. The Vice-chairman shall seek instructions from the State Government in this regard which the State Government will be obliged to provide in accordance with law.
Order Date :- 30.10.2018 Atmesh