Ram Singh And Another vs State Of U.P. And Others
2011 Latest Caselaw 6263 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 29
 

 
Case :- WRIT - C No. - 47712 of 2011
 

 
Petitioner :- Ram Singh And Another
 
Respondent :- State Of U.P. And Others
 
Petitioner Counsel :- Pankaj Dubey
 
Respondent Counsel :- C.S.C.,Ramendra Pratap Singh
 

 
Hon'ble Sunil Ambwani,J.

Hon'ble Manoj Misra,J.

On 23.8.2011, we had passed orders restraining the respondents from dispossessing the petitioners  and making any construction,  or development over the land in dispute. In this writ petition we are concerned with plot no. 230 of village Birandi Chakresenpur, Pargana and Tehsil Dadri, District Gautam Budh Nagar measuring area 4.9333 hectares. The writ petition, in respect of plot No. 404 measuring area 4.8435 hectares  acquired by the same notification under Sections 4 (1) dated 19.11.2008 and under Section 6/17 (1) dated 23.3.2009 has been withdrawn today.

A Division Bench of the Court has referred the matter to be decided by Full Bench.  In Gajraj Singh vs. State of UP and others Writ Petition No. 37443 of 2011 decided on 21.10.2011 the Full Bench had considered almost all the questions relating to acquisition of land in NOIDA and GNOIDA.

It is submitted by Shri Pankaj Dubey, learned counsel for the petitioners, that the plot No. 230 is lying vacant. It has not been allotted to any one nor any development has started on the plot. The legal position with regard to the petitioner's plot no. 230 in view of Gajraj Singh's case is settled and that  on the reasons given by the Full Bench, the notifications are liable to be quashed.

Shri Navin Sinha, Senior Advocate assisted by Shri Ramendra Pratap Singh appearing for GNOIDA and Shri M.C. Tripathi, Additional Chief Standing Counsel appearing for the State would submit that earlier the plots were left out from village Birandi Chakresenpur, and were not acquired in the year 2002-03 as these plots were involved in ceiling. Subsequently, these plots were acquired by the impugned notifications. They submit that the plots are part of the integrated development of the area and that the land in plot No. 230 has been allotted and on which the development is in progress.

We do not find any specific averments with regard to allotment and development of any of the part of the plots.

Shri Ramendra Pratap Singh prays for and is allowed a week's time to file a supplementary counter affidavit. Shri M.C. Tripathi will also file a counter affidavit on behalf of the State of UP.

List on 13.12.2011.

Order Date :- 1.12.2011

RKP