Veer Sain vs State Of U.P. And 3 Others
2023 Latest Caselaw 9503 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 39
 

 
Case :- WRIT - C No. - 4800 of 2023
 

 
Petitioner :- Veer Sain
 
Respondent :- State Of U.P. And 3 Others
 
Counsel for Petitioner :- Jai Shanker Misra,Ashish Mishra,Vijai Shanker Shukla
 
Counsel for Respondent :- C.S.C,Kaushalendra Nath Singh
 

 
Hon'ble Mrs. Sunita Agarwal,J.

Hon'ble Vikas Budhwar,J.

Sri Kaushalendra Nath Singh, learned advocate appears for respondent no. 2.

There is no averment in the writ petition that the petitioner herein was party to the decision of Full Bench judgment in Gajraj & ors vs State of U.P & ors reported in 2011 (11) ADJ 1 (FB).

The prayer in the writ petition is to grant 5% additional Abadi Land or pay compensation @ Rs. 44000/- per square meter for additional 5% Development Abadi Plot in lieu of acquisition of gata no. 411M of revenue Village- Sadarpur, Pargana and Tehsil- Dadri, District Gautam Budh Nagar.

The benefit of 5% Abadi Land or compensation in lieu of the acquired land can only be granted to those who were party to the Full Bench decision in Gajraj & ors vs State of U.P & ors reported in 2011 (11) ADJ 1 (FB). In absence of any such disclosure, in the writ petition, relief as prayed cannot be granted. The writ petition is accordingly, dismissed.

Order Date :- 31.3.2023

Nisha