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2025 DAILYLAW 14787 (ALL)

GAURAV CHAWLA AND ANOTHER v. UNION OF INDIA AND 4 OTHERS

WRIC/8533/2020 · 2025-09-24

Amitabh Kumar Rai, Saral Srivastava

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD WRIT - C No. - 8533 of 2020 Court No. - 40 HON'BLE SARAL SRIVASTAVA, J. HON'BLE AMITABH KUMAR RAI, J. 1. By means of the present writ petition, the petitioners have assailed the order dated 17.9.2018 passed by the respondent no. 4, Municipal Commissioner, Nagar Nigam, Allahabad. 2. It is informed that an identical controversy has already been decided by a bunch of writ petitions, leading Writ-C No. 43642 of 2018, in which this Court passed the following order: "15. In the result, writ petitions are allowed with costs. We quantify cost of Rs. 5,000/- to each set of petitioners, against respondents 3 and 4 of Petition 1. The impugned orders are hereby set aside. The Municipal Commissioner shall now proceed to determine the compensation payable to the petitioners after examining whether the petitioners, coming before him, are valid owners/transferees of the shops in dispute and derive their rights from the allottees under the initial Deed of Conveyance executed by the Government of India or any subsequent document of transfer executed by vendees/purchasers under the Deed of Conveyance executed by the Government of India, and have legal right to claim compensation. It is also provided, as already directed by this Court vide judgment dated 21.3.2018, that instead of compensation it will also be open to respondents 3 and 4 to allot any other shop/site to the petitioners, if it is suitable and agreeable to the petitioners, and that will settle all other claims with regard to the disputed shops, which have been demolished by the respondents." Versus Counsel for Petitioner(s) : Ajay Kumar Singh, Ashish Kumar Singh, Rajendra Prasad Mishra, Satyam Mishra Counsel for Respondent(s) : A.S.G.I., C.S.C., Purnendu Kumar Singh, Sunil Dutt Kautilya, Suresh C. Dwivedi Gaurav Chawla And Another .....Petitioner(s) Union Of India And 4 Others .....Respondent(s) 3. Since the controversy in the present case is squarely covered by the aforesaid judgment of this Court in Writ-C No. 43642 of 2018, the impugned order dated 17.9.2018 is hereby set aside. The writ petition is accordingly allowed in terms of the judgment and order dated 12.4.2019 passed in Writ-C No. 43642 of 2018. September 25, 2025 Sumaira WRIC No. 8533 of 2020 2 (Amitabh Kumar Rai,J.) (Saral Srivastava,J.) Digitally signed by :- SUMAIRA AQUIL High Court of Judicature at Allahabad Digitally signed by :- SUMAIRA AQUIL High Court of Judicature at Allahabad