RAJIV MEMORIAL ACADEMIC WELFARE SOCIETY v. STATE OF U.P. AND ANOTHER
WRIC/5194/2025 · 2025-03-19
Anish Kumar Gupta, Manoj Kumar Gupta
body2025
DailyLaw.ai
[ 2025 DAILYLAW 20075 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 20075 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC:40737-DB HIGH COURT OF JUDICATURE AT ALLAHABAD (Sl. No.43) Court No. - 21 Case :- WRIT - C No. - 5194 of 2025 Petitioner :- Rajiv Memorial Academic Welfare Society Respondent :- State of U.P. and Another Counsel for Petitioner :- Anubhav Singh Counsel for Respondent :- Anjali Upadhya,C.S.C. Hon'ble Manoj Kumar Gupta,J. Hon'ble Anish Kumar Gupta,J.
1. The petitioner by means of instant petition under Article 226 of the Constitution has prayed for quashing of demand letter dated 04.07.2024 issued by respondent no.2 to the extent it relates to demand towards additional compensation to the tune of Rs. 6,73,75,899/-. 2. The petitioner is allottee of Plot No. 2, Knowledge Park-III area 45,286.15 Sq. Mtr., Greater Noida vide allotment letter dated 11.03.2004. The petitioner, it seems applied for transfer of the plot in favour of Institute of Dental and Medical Research Society. In context of the said request, the impugned demand notice has been issued whereunder apart from additional compensation as noted above various other charges have also been demanded from the petitioner as a precondition for permitting transfer of the plot. 3. Learned counsel for the petitioner submits that the acquisition of the land allotted to the petitioner vide allotment letter dated 11.03.2004 was made way back in
1997. He submits that the award of additional compensation to the tenureholders was in terms of the Full Bench Judgement in Gajraj Singh and Others vs. State of U.P. and Others : 2011 (11) ADJ 1 (FB) and whereunder the additional compensation would become payable only to the person covered by the notifications which were under consideration in the said judgement. It is submitted that the Full Bench in fact had declined to interfere in acquisitions made prior to the year, 2000 on the ground of delay and laches. It is further submitted that after the Full bench judgement, the Board of the respondent Authority took a policy decision whereunder it decided to award additional compensation only to the tenureholders whose lands were acquired on or after 01.04.2007. It is urged that in such circumstances, the impugned demand in respect of additional compensation is not sustainable in law. 4. Sri Shivam Yadav, learned counsel appearing for the respondent Development Authority admits that there is Board resolution whereunder the Board resolved to pay additional compensation to tenureholders whose lands were acquired after
01.04.2007.
He submits that the respondent Authority will revisit the demand made from the petitioner. 5. Accordingly, the instant petition is disposed of by providing that the petitioner shall make detailed representation alongwith true attested copy of the instant order before respondent no.2 within two weeks and respondent no.2 will revisit the demand being made from the petitioner and issue fresh demand notice taking into
consideration the Board decision, if any, in respect of the additional compensation and judgement of Full Bench in Gajraj (supra) within next two weeks.
Order Date :- 20.3.2025 Shubham Arya (Anish Kumar Gupta, J.) (Manoj Kumar Gupta, J.) Digitally signed by :- SHUBHAM ARYA High Court of Judicature at Allahabad