Kalpana Agrawal And Another vs State Of U.P. And 2 Others
2023 Latest Caselaw 19251 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 


?Neutral Citation No. - 2023:AHC:148933-DB
 
Court No. - 21
 

 
Case :- WRIT - C No. - 14286 of 2023
 

 
Petitioner :- Kalpana Agrawal And Another
 
Respondent :- State Of U.P. And 2 Others
 
Counsel for Petitioner :- Manoj Kumar Mishra
 
Counsel for Respondent :- CSC,Kaushalendra Nath Singh
 

 
Hon'ble Manoj Kumar Gupta,J.

Hon'ble Donadi Ramesh,J.

1. When the petitioners' land bearing Plot No. 612 measuring an area of 1.308 hectare was acquired and they were given compensation, they prayed for an additional 6% of developed land in pursuance of the decision of Noida Authorities in its 92nd Board Meeting held on 7.1.1998. In this regard, the petitioners have also represented on 27.02.2023.

2. Learned counsel for the petitioners places reliance on the judgment of Supreme Court in Ramesh Chandra Sharma & others vs. State of U.P. & others; 2023 SCC OnLine SC 162 in support of the claim of the petitioners.

3. Learned counsel for the petitioners submits that the petitioners were aggrieved by the fact that 6% developed land in pursuance of the aforesaid decision of Greater Noida authorities, was not being given to petitioners.

4. Sri Kaushalendra Nath Singh, learned counsel appearing for the Noida Authority, submits that it has to be examined whether the petitioners are covered by the notification which was under consideration by the Apex Court in Ramesh Chandra Sharma (supra) and therefore it may be left open to respondent no. 3 to examine the issue and take decision in the matter.

5. Under the circumstances, without entering into the merits of the case, the writ petition is being disposed of with a direction that respondent no. 3 would consider and decide the representation of the petitioners dated 27.2.2023 taking into consideration the judgment of the Apex Court in the case of Ramesh Chandra Sharma & others vs. State of U.P. & others; 2023 SCC OnLine SC 162 expeditiously, preferably within a period of one month from the date of presentation of a certified copy of this order.

(Donadi Ramesh, J.) (Manoj Kumar Gupta, J.)

Order Date :- 26.7.2023

Jaideep/-