RAM KUMAR AND 2 OTHERS v. STATE OF U.P. AND 4 OTHERS
WRIC/8117/2025 · 2025-03-19
Anish Kumar Gupta, Manoj Kumar Gupta
body2025
DailyLaw.ai
[ 2025 DAILYLAW 29242 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 29242 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC:40283-DB Court No. - 21 Case :- WRIT - C No. - 8117 of 2025 Petitioner :- Ram Kumar And 2 Others Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Pratik Chandra Counsel for Respondent :- C.S.C.,Kaushalendra Nath Singh Hon'ble Manoj Kumar Gupta,J. Hon'ble Anish Kumar Gupta,J.
1. Heard Sri Rakesh Pande, learned Senior Advocate, assisted by Sri Pratik Chandra, for the petitioners, Sri Kaushalendra Nath Singh for respondent nos. 3 and 4 and Sri Rajiv Gupta, learned Additional Chief Standing Counsel, for the State respondents. 2. The petitioners earlier approached this Court by filing Writ Petition No. 30079 of 2005 praying for exemption of their land from acquisition proceedings. The said writ petition was disposed of with a direction to the respondent- Authority to decide the claim of the petitioners. An intervention application filed in the said writ petition by the Residents Welfare Association, Noida was not entertained. The Residents Welfare Association, Noida challenged the rejection of its intervention application and the order of this Court dated 3.12.2007 before the Supreme Court. The Supreme Court noted that in compliance of order of the High Court, the State Government had passed an order on 26.9.2012 permitting the petitioners to approach the Development Authority for release of abadi land under 2011 Rules. The Supreme Court, having regard to the said fact, did not interfere in the matter, but at the same time, disposed of the special leave petition by observing that the Development Authority while taking decision in compliance of order of the State Government, shall also afford opportunity of hearing to the Residents Welfare Association, Noida. The Chief Executive Officer, Noida in compliance of the direction issued by the High Court in the previous writ petition and the order of the State Government dated 26.9.2012, passed an order dated 12.6.2014, referring the claim of the petitioners to the Committee constituted under the 2006 and 2011 Rules. 3. The Residents Welfare Association, Noida challenged the order dated 12.6.2014 passed by the Chief Executive Officer, Noida by filing Writ Petition No. 33265 of 2014.
The writ petition was disposed of by providing that the claim of the petitioners would be considered by the Committee in terms of order dated 12.6.2014 passed by Chief Executive Officer, Noida and until the claim is considered and decided, the parties were restrained from making any constructions over the land in dispute. The writ petition filed by the petitioners (Writ Petition No. 49957 of 2014) was also disposed of by order dated 16.9.2014 with direction to NOIDA to pass appropriate order within three months. The case of the petitioners is that since then, no decision has been taken in the matter by the Committee and the claim of the petitioners for release of their land has been pending. 4. Sri Kaushalendra Nath Singh, learned counsel appearing for the respondent- Development Authority, fairly states that the Committee shall take decision in the matter within two months, if not already taken. He further states that the Committee will also hear the Residents Welfare Association, Noida, apart from the petitioners, while taking decision in the matter. 5. Having regard to the aforesaid stand of the respondent-Development Authority, we dispose of the instant petition by providing that the Committee shall decide the claim of the petitioners for release of their abadi land as per Rules 2011 (as amended from time to time) within two months from today, after due notice and opportunity of hearing to the petitioners as well as the representatives of Residents Welfare Association, Noida. (Anish Kumar Gupta, J.) (Manoj Kumar Gupta, J.) Order Date :- 20.3.2025 Jaideep/- Digitally signed by :- JAIDEEP BANERJEE High Court of Judicature at Allahabad