Allahabad High Court
Mohd. Khalid And 5 Others vs State Of U.P. And 2 Others on 7 December, 2022
Bench: Sunita Agarwal, Vipin Chandra Dixit
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. - 39
Case :- WRIT - C No. - 34364 of 2022
Petitioner :- Mohd. Khalid And 5 Others
Respondent :- State Of U.P. And 2 Others
Counsel for Petitioner :- Ramesh Kumar Pandey
Counsel for Respondent :- C.S.C.,Anjali Upadhya
Hon'ble Mrs. Sunita Agarwal,J.
Hon'ble Vipin Chandra Dixit,J.
Heard learned counsel for the petitioners. Learned Standing Counsel has put in appearance on behalf of State Respondent and Ms. Ishita, learned Advocate holding brief of Ms. Anjali Upadhya, learned counsel appearing on behalf respondents no. 2 and 3 are present.
The petitioners herein claim allotment of 6% developed Abadi plot in the light of decision of 57th Board Meeting of Greater Noida dated 20.03.2006 in respect to acquisition of Khasra Nos. 319, 320, 321 and 322 situated at Village Khairpur Gurjar, Tehsil Dadri, District Gautam Budh Nagar belonging to the petitioners, acquired in the acquisition proceeding conducted in the year 2007/2008 with the notification under Sections 4 and 6; respectively.
In the description of array of parties, all the petitioners have been shown to be residents of Sadar Bazar, Delhi. In none of the paragraphs of the writ petition, the petitioners have claimed/asserted that they are original residents of the area within the jurisdiction of Greater Noida on or prior to 28.01.1991, the date of establishment of Greater Noida.
The only submission in the writ petition is that the petitioners are tenure holders of the plots in question by virtue of the sale deed dated 14.09.1989 executed in their favour and that their names were mutated in the revenue records thereafter.
It is further noted herein that the petitioners herein had filed a Writ Petition No. 15789 of 2022, which has been dismissed vide judgment and order dated 06.09.2022. The prayer in the said writ petition was to grant benefit of developed Abadi plot to the extent of 10% of their acquired land is 64.7% of additional compensation pursuant to the decision of Gajraj & ors vs State of U.P & ors reported in 2011 (11) ADJ 1 (FB). The relief clause of the aforesaid writ petition is, however, not placed before us.
Be that as it may, having considered the facts noted above, we record that the decision of 57th Board Meeting of Greater Noida dated 20.03.2006 it was decided that the eligibility for allotment of 6% Abadi plot has been decided in the following manner :-
"1. ?????? ????? ?? ??????? ???? ?????? 28.1.1991 ?? ???? ???? ????? ??????? ??????? (?????) ??? ????? ????? ???????? ???? ???? ????? ???????????? ???????? ???????? ??? ?????? ??????? ???? ??, ???????? ???????? ?????, ???? ?? ???????? ??????? ?? ??? ?????? ?? ???? ????? ??? 15 ??????? ???????? ???? ???? ?? ????? ??????
(a) (i) ???? ???????? ???????? ?????????? ??? ?? ?? ?????? ????? ?? ???????? ??????? ?? ??? ?????? ?? ??? ?????? ????? ?? ??????? ???? 28.1.1991 ?? ?????? ????? ?????? ??????? ???? ?? ?? ???????? ???? ???? ?? ????? ????? ?????? ??? ?????????? ?? 6 ??????? ?? ????? ???? ??? ???? ?????
(ii) ??? ??????? ?? ?????? ????? ?? ??????? ?? ???? 28.1.1991 ?? ??????? ?? ?????? ??? ?? ??? 28.1.1991 ?? ?????? ????? ?????? ??????? ???? ?? ???????? ???? ??????? ???? ?? ????? ????? ?????? ????? 6 ??????? ?? ????? ???? ??? ???? ??????
(iii) ???? ????????? 1.4.2003 ?? ?????? ????????? ???? ?? ???? ??????
(b) ?????? ????? ?? ??????? ???? 28.1.1991 ?? ???? ???? ????? ??????? ??????? ??? ????? ???????? ??????? ?? ??? ?????? ??? ???? ????? ???????????? ?? 6 ??????? ?? ????? ?? ????? ??????
???? ????? ???? ??? ???? ??? ?????? ?? ??????? ????? ?????? ?? ??????? ???? ?? ?? ??? ?? ?? ??? ???????? ????? ?????? ?????? ????? ?? ???? ???????? ????? ??? ??? 28.1.1991 ?? ?????? ???? ???? ?? ???? ??, ?? ??? ?????? ???? ?? ??????? ???????? ?????? ?? ????? 6 ??????? ????? ???? ???? ?????? ?? ???? ?????? ?? ?? ???? ?? ????????? ?? ???? ?????? ?? ???? ???? ?? ??? ??? ?????? ?? ???? ???? ?? ????? ?????? ?? ????? ???? ?? ???? ???-
"?????? ????? ?? ??????? ???? ?????? 28.1.1991 ?? ??????? ??????? ??? ????? ???????? ????? ?? ?????? ???? ???????? ???????? ????? ?? ??? ???? ?? ???? ???? ?? ??, ?? 26??? ????? ???? ?? ?????? ?? ???? ??? ????? ???? ?? ???? ????? ??????? ???? ????? ?? ????? ????, ??? ???????? ?? ???? ???? ???? ?? ??? ???? ?? ??? ???? ?? ????? ???? ?? ??? ??? ?????? ?????? ?? (????????? 5% ?? 6%) ?? ???? ????? ??????? ???? ???? ??????? ????? ???? ?????? ??? ??? ???? ( ????? ?? ??? ???? ? ???? ?? ???? ???? ???? ?? ??????) ?? ????????? ??? ??? ????? ???? 2500 ???? ???? ?? ?????? ???? ?? ???????? ?? ????? ???? ???? ???? ???? ?? ??????? ???????????? ?? ??? ?? ??? ??? ???? ?? ???????? ? ?? ????"
??????? ???? ???????? ????? ?? ????? ???????? ???"
A careful reading of the said clauses which prescribed the eligibility for allotment of 6% Abadi, it is evident that only those original residents of the area, which fell within the jurisdiction of Greater Noida with its establishment, who were residing in the area in question on or prior to 28.01.1991, i.e. who were original residents of the notified area were held eligible for 6% Abadi.
It is clarified that those persons who had acquired right in the land subsequent to the establishment of Greater Noida on 28.01.1991, even if they were residents of Greater Noida at the time of decision would not be eligible for 6% Abadi. The provisions were held applicable for any acquisition made after 01.04.2003.
Noticing the above, it is more than evident that the policy for allotment of 6% developed Abadi plots was framed by Greater Noida with the view to rehabilitate the original residents of the notified area after establishment of Greater Noida whose lands were acquired after 01.04.2003.
The petitioners claim to have acquired right in the land in question by virtue of registered sale deed dated 14.09.1989 but in none of the paragraphs of the writ petition they claimed to be original residents of the notified area on or before 28.01.1991, the date of establishment of Grater Noida.
Apart from the claim of the allotment of 6% Abadi, no other claim have been put forth before us.
For the aforesaid, we do not find any good ground to entertain the present writ petition.
The writ petition is, accordingly, dismissed.
Order Date :- 7.12.2022
sailesh
