Allahabad High Court
Smt. Chandrawati @ Chandri And ... vs State Of U.P. And 8 Others on 7 December, 2022
Bench: Sunita Agarwal, Vipin Chandra Dixit
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. - 39
Case :- WRIT - C No. - 34314 of 2022
Petitioner :- Smt. Chandrawati @ Chandri And Another
Respondent :- State Of U.P. And 8 Others
Counsel for Petitioner :- Dharmendra Shukla,Sr. Advocate
Counsel for Respondent :- C.S.C.,Kaushalendra Nath Singh
Hon'ble Mrs. Sunita Agarwal,J.
Hon'ble Vipin Chandra Dixit,J.
Sri Sarthak Sinha, Advocate holding brief of Sri Kaushalendra Nath Singh, Advocate appears for the respondent no.4.
The present writ petition has been filed with the following prayers:-
"(i) Issue a writ, order or direction in the nature of CERTIORARI calling for the records of the case and particularly the allotment order dated 07.06.2022 (pertaining to plot No. GT-057), order dated 07.06.2022 (pertaining to plot No. GT-057A), order dated 30.05.2022 (pertaining to plot No. GT-057B) and order dated 30.05.2022 (pertaining to plot No. GT-057C) passed by NOIDA Authority [Annexure No. 19, 20, 21 and 22 respectively to this writ petition] and QUASH the same.
(ii) Issue a writ, order or direction in the nature of MANDAMUS commanding and directing the Respondents to consider the representations of the petitioners dated 11.10.2022 (Annexure No. 24 to this Writ Petition) regarding lease back of the plot in question as commanded by the Hon'ble Apex Court and till then they may be directed not to change the nature of plot in question."
Initially the petitioners herein had filed a Writ Petition No.1146 of 2014, which was allowed vide judgment and order dated 15.12.2015, wherein it was pointed that the acquisition proceedings in respect of the petitioners' land stands lapsed. While allowing the writ petition the impugned notification in so far as the land of the petitioners is concerned, had been quashed leaving it open for the State Government to initiate fresh proceedings for acquisition if it so chooses in accordance with the provisions of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013. This order was challenged before the Apex Court in Special Leave Petition No.19412 of 2017. By the judgment and order dated 20.9.2022, the Apex Court had set-aside the judgment of the High Court in quashing the notification, however, only observation made therein is that any pending application pertaining to the lease back policy of the State Government shall be considered in accordance with law.
Ms. Shivani Nanda, Advocate holding brief of Sri Dharmendra Shukla, learned counsel appearing for the petitioners submits that an application dated 11.10.2022 has been filed by the petitioners herein after the decision of the Apex Court to consider their request for lease back of abadi land measuring 6-13-0 Bigha (16824.50 sq. mts.) of Khasra No.236 situated at Village Gejha Tpatabad, Gautam Budh Nagar.
The submission is that the application moved by the petitioners dated 11.10.2022 has not yet been decided.
Taking note of the above fact without entering into the claim of the petitioners, the present writ petition is being disposed of with the observation that the respondent no.5 shall deal with the prayer of the petitioners in the application dated 11.10.2022, by passing a reasoned and speaking order in accordance with law, preferably within a period of six weeks from the date of receipt of the copy of this order. In order to facilitate the respondent no.5 to take effective decision we provide that the copy of the application dated 11.10.2022 appended as Annexure-'24' to the writ petition shall be served again upon respondent no.5 along with the copy of this order within a period of two weeks from today.
Order Date :- 7.12.2022
Kpy
