Smt. Shimla And 18 Others vs State Of U.P. And Another
2023 Latest Caselaw 25146 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 


?Neutral Citation No. - 2023:AHC:179630-DB
 
Court No. - 21
 

 
Case :- WRIT - C No. - 31756 of 2023
 

 
Petitioner :- Smt. Shimla And 18 Others
 
Respondent :- State of U.P. and Another
 
Counsel for Petitioner :- Saurabh Kesarwani,Anupam Dubey
 
Counsel for Respondent :- C.S.C.,Kaushalendra Nath Singh
 

 
Hon'ble Manoj Kumar Gupta,J.

Hon'ble Donadi Ramesh,J.

1. Heard Sri Sachin Awana, Advocate, holding brief of Sri Anupam Dubey, counsel for the petitioners through Video Conferencing and Sri Kaushalendra Nath Singh, counsel appearing on behalf of the NOIDA Authority.

2. The instant petition has been filed praying for a mandamus directing the respondents to allot five percent developed abadi land to the petitioners in pursuance of the decision taken by NOIDA in the 92nd board meeting.

3. Undisputedly, for the same relief, the petitioners had earlier approached this Court by filing Writ-C No. 31491 of 2022. In the said writ petition, they had challenged the order dated 18.9.2015, by which the respondent-Authority had rejected their claim on the ground that the petitioners were not original tenant holders of the acquired land. The said conclusion was drawn on basis of the distinction being made by the NOIDA Authority, at that time, between 'Gair Pushtaini Kastkar' to 'Pushtaini Kastkar'. The said writ petition was dismissed by a Co-ordinate Bench of this Court by order dated 31.10.2022.

4. The Supreme Court in Ramesh Chandra Sharma & Ors. Vs. State of U.P. and another 2023 SCC Online SC 162 has held the said categorization to be illegal and arbitrary and had directed the NOIDA Authority to treat all persons whose land was acquired in the like manner irrespective of, whether they were original tenure holders or transferees, like the petitioners. On the strength of the said judgment, the petitioners represented to the respondents to allot five percent developed land to them. Since, their representations have not been decided so far, the instant petition has been filed.

5. Sri Kaushalendra Nath Singh, learned counsel appearing on behalf of the NOIDA Authority very fairly submits that the representations filed by the petitioners shall be considered in the light of the judgement of the Supreme Court in Ramesh Chandra Sharma (supra).

6. Accordingly, without expressing any opinion on merits of the case, the petition is disposed of with direction to respondent no.2 to decide the claim of the petitioners as contained in their representations (the last one dated 25.6.2023) (Annnexure-14) within a period of six weeks from the date of communication of the instant order along with photo-copy of the representations.

Order Date:- 18.9.2023

CS/-

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