Ram Niwas And 18 Others vs State Of Up And 2 Others
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Allahabad High Court

Ram Niwas And 18 Others vs State Of Up And 2 Others on 2 February, 2024

Author: Manoj Kumar Gupta

Bench: Manoj Kumar Gupta

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 


?Neutral Citation No. - 2024:AHC:18259-DB
 
Court No. - 21
 

 
Case :- WRIT - C No. - 1432 of 2024
 

 
Petitioner :- Ram Niwas And 18 Others
 
Respondent :- State Of Up And 2 Others
 
Counsel for Petitioner :- Syed Fahim Ahmed
 
Counsel for Respondent :- C.S.C.,Kaushalendra Nath Singh
 

 
Hon'ble Manoj Kumar Gupta,Acting Chief Justice
 
Hon'ble Kshitij Shailendra,J.
 

1. The prayer made in the instant petition is for a direction in the nature of mandamus to the respondents to allot 5% developed land to the petitioners in the light of the judgement of Supreme Court dated 20.02.2023 passed in Civil Appeal No. 8819 of 2022.

2. The submission of learned counsel for the petitioners is that the said distinction has been held to be illegal and arbitrary by the Supreme Court in Ramesh Chandra Sharma & others vs. State of U.P. & others; 2023 SCC OnLine SC 162.

3. Sri Kaushalendra Nath Singh, learned counsel appearing for the Noida Authority, very fairly states that claim of the petitioners would be examined in accordance with the aforesaid law.

4. Accordingly, the petition is disposed of with direction to respondent no. 2 to pass a speaking order on the claim of the petitioners for allotment of 5% abadi land in lieu of acquisition of their land, having regard to the judgment of Supreme Court in Ramesh Chandra Sharma & others vs. State of U.P. & others; 2023 SCC OnLine SC 162, within a period of eight weeks from the date of communication of the instant order alongwith fresh representation.

(Kshitij Shailendra, J.) (Manoj Kumar Gupta, A.C.J.)

Order Date :- 2.2.2024/Jaideep/-