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2025 DAILYLAW 124118 (ALL)

SAROJ YADAV AND 2 OTHERS v. U.P. AWAS EVAM VIKAS PARISHAD 104 MAHATMA GANDHI MARG LKO. THRU. HOUSING COMMISSIONER AND 2 OTHERS

WRIC/1585/2025 · 2025-02-18

Om Prakash Shukla, Rajan Roy

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:10521-DB Court No. - 2 Case :- WRIT - C No. - 1585 of 2025 Petitioner :- Saroj Yadav And 2 Others Respondent :- U.P. Awas Evam Vikas Parishad 104 Mahatma Gandhi Marg Lko. Thru. Housing Commissioner And 2 Others Counsel for Petitioner :- Ashish Chaturvedi,Arun Kumar Dwivedi Counsel for Respondent :- Ratnesh Chandra Hon'ble Rajan Roy,J. Hon'ble Om Prakash Shukla,J. Heard. A similar matter bearing Writ C No.4116 of 2024 has been decided on 09.05.2024. Sri Ratnesh Chandra, learned counsel for the opposite parties is present and says that the same order can be passed in the present Writ Petition also. The petitioner's counsel does not dispute the said fact. The said order is being quoted hereunder:- "1. Heard. 2. This petition has been filed seeking the following reliefs :- "1. Issue a writ, order or direction in the nature of mandamus thereby commanding the opposite parties no.2 and 3, to allot plot beside the already situated land of the petitioner as well as compensation to the petitioner as per the resolution dated 10.02.2020 after taking the prescribed development charges, in lieu of the lands of the petitioner which were acquired by them under the "Bhumi Vikas Evam Grahsthan Yojna Part 4' (Vrindavan Yojna Part-4) for which the petitioner had made representation on 06.04.2023 as contained in the Annexure No.1 of the writ petition. 2. Issue a writ, order or direction in the nature of mandamus thereby commanding the opposite parties no.2 & 3, to inform the petitioner about the development charges/price/value of the 219 Square Meters of the remaining land of the petitioner and allow him to deposit the same. 3. Issue any other order or direction which this Hon'ble Court may deem fit and proper in the circumstances of the case, may also be passed in favour of the petitioners. 4. Award the cost of the petition in favour of the petitioners." 3. The grievance is that the alleged promise to provide land and compensation in lieu of land of the petitioner which was acquired, has not been fulfilled inspite of deposit of development charges. 4. Learned Counsel for Avas Vikas Parishad says that he does not have instructions in the matter. 5. No purpose would be served by keeping the matter pending. 6. Let the opposite party no.2 get the facts verified and take a decision on the application of the petitioner which may be submitted within one week raising his grievance. The decision shall be taken within six weeks from the date of submission of such application alongwith a certified copy of this order. 7. The writ petition is disposed of accordingly." Therefore, this Writ Petition is also disposed of in terms of the order dated 09.05.2024 passed in Writ C No.4116 of 2024 quoted herein above. The petitioners herein are entitled to the benefit of the direction contained therein with corresponding obligation(s) on the opposite parties. (Om Prakash Shukla,J.) (Rajan Roy,J.) Order Date :- 18.2.2025 Saurabh Digitally signed by :- SAURABH VERMA High Court of Judicature at Allahabad, Lucknow Bench