Yusuf Ali vs State Of U.P. Thru Its Secy. And ...
2011 Latest Caselaw 5865 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 37
 

 
Case :- WRIT - C No. - 65650 of 2011
 

 
Petitioner :- Yusuf Ali
 
Respondent :- State Of U.P. Thru Its Secy. And Others
 
Petitioner Counsel :- P.K.S. Paliwal
 
Respondent Counsel :- C.S.C.,Ramendra Pratap Singh
 

 
Hon'ble R.K. Agrawal,J.

Hon'ble Surendra Kumar,J.

The contention of the petitioner is that the Noida authorities exempted the land of Plot No. 624 from the acquisition for the purpose of abadi. However, on the part of the said land, construction activities are being carried. In joint inspection made earlier, it has been found by the authorities that 3348 sq. meters of land as per actual measurement is falling short in the Plot Nos. 622, 623 and 624. The authorities have decided to re-measure the land jointly.

The submission is that the pending re-measurement construction activities should be stopped. The matter requires consideration.

Sri R.P. Singh who represents the respondent no. 5 and learned Standing Counsel representing the respondent Nos. 1 to 4 may obtain instructions and file counter affidavit. Rejoinder affidavit be filed within two weeks thereafter. List thereafter.

As an interim measure, status quo as of date in respect of possession of Plot No. 624 shall be maintained by respective parties, till the re-measurement is done by the authorities in terms of order dated 9.11.2011 passed by the S.D.M.(D) on the application dated Nil filed as Annexure-6 to the writ petition.

The case is hereby released. It shall not be treated as tied up or part heard to this Bench.

List the writ petition before the appropriate Bench and shall also stand released from the order of assignment/nomination, if any.

Order Date :- 17.11.2011

Rmk.