HIRA SINGH AND 11 OTHERS v. STATE OF U.P. AND 5 OTHERS
WRIC/9447/2025 · 2025-05-16
Anish Kumar Gupta, Manoj Kumar Gupta
body2025
DailyLaw.ai
[ 2025 DAILYLAW 32940 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 32940 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC:82402-DB HIGH COURT OF JUDICATURE AT ALLAHABAD (Sl. No. 39) Court No. - 21 Case :- WRIT - C No. - 9447 of 2025 Petitioner :- Hira Singh And 11 Others Respondent :- State Of U.P. And 5 Others Counsel for Petitioner :- Arun Kumar Singh Counsel for Respondent :- Vinayak Varma,Anjali Upadhya,C.S.C.,Ravi Prakash Pandey,Shivam Yadav,Tejasvi Misra Hon'ble Manoj Kumar Gupta,J. Hon'ble Anish Kumar Gupta,J.
1. Heard Sri Arun Kumar Singh, learned counsel for the petitioners, Sri Shivam Yadav and Ms. Anjali Upadhya, learned counsel for Greater Noida, Sri Tejasvi Misra, learned counsel for respondent-Ghaziabad Development Authority and Sri Rajiv Gupta, learned Additional Chief Standing Counsel for the State-respondents. 2. The present petition has been filed praying for a writ of mandamus commanding the respondents to ensure compliance of deed of assignment/agreement dated 28.8.2012 and execute sale deed of Khasra No. 115 in favour of the petitioners. 3. The case of the petitioners is that they were having their constructions over land which was required by Ghaziabad Development Authority (in short 'G.D.A.') for construction of a new road to connect New Holland Factory, Greater Noida to NH-
24. The G.D.A. entered into the aforesaid agreement dated 28.8.2012 with the petitioners and other persons whereunder the petitioners agreed to surrender their building and constructions to G.D.A. subject to G.D.A. rehabilitating the petitioners over different plots. The petitioners were also issued separate allotment letter dated 05.09.2012. The case of the petitioners is that in terms of the aforesaid agreement and allotment letters, the respondents have to execute sale deeds of the
land situated at Khasra No. 114, 115M, 117M, 118M in favour of the petitioners but which has not been done so far. 4. It is also stated that in due course of time, G.D.A. transferred its rights and liabilities in favour of Greater Noida and therefore, the petitioners have prayed the relief both against G.D.A. and Greater Noida. 5. On 1.4.2025, the following order was passed:-
1. Counsel for the petitioners is permitted to correct the description of respondent no. 6 in the cause title so as to indicate that respondent no. 6 is represented through the Chief Executive Officer and not through the Secretary. 2. Sri Vinayak Varma has entered appearance on behalf of respondent no. 5. 3.
The allotment letter in favour of the petitioners of the year 2012/2013, is by Ghaziabad Development Authority, whereas there is a communication on record dated 6.11.2020 by Vice Chairman, Ghaziabad Development Authority to Chief Executive Officer, Greater Noida in relation to transfer of some land to Ghaziabad Development Authority so that Ghaziabad Development Authority is able to execute transfer deed in favour of the allottees. 4. It is not clear who has to take further action in the matter, i.e. Ghaziabad Development Authority or Greater Noida. 5. We require the Vice Chairman, Ghaziabad Development Authority and Chief Executive Officer, Greater Noida to file their affidavits clarifying their stand in relation to the allotment letter issued in favour of the petitioners in the year 2012/2013 and who has to take further action in the matter. 6. List as fresh on 21.4.2025 showing name of Sri Vinayak Varma as counsel for respondent no. 5 in the cause list. 6. Pursuant thereto, the Chief Executive Officer, Greater Noida and Vice-Chairman, G.D.A. have filed their separate affidavits and in which they have taken a common stand to the effect that in order to give effect to the agreement aforesaid, a joint meeting of G.D.A. and Greater Noida was held on 17.4.2025 and in which it was agreed in principle that the sale deed for the subject land would be executed by Greater Noida subject to verification of list of eligible candidates by G.D.A. It is stated that in the said process three months time would be taken. 7. Considering the aforesaid stand, we dispose of the instant petition by providing that the Ghaziabad Development Authority and Greater Noida, after due verification of the eligibility will take further steps for execution of sale deeds within three months from the date of receipt of true attested copy of the instant
order.
Order Date :- 17.5.2025/Kirti (Anish Kumar Gupta, J.) (Manoj Kumar Gupta,J.) Digitally signed by :- SMT KIRTI MISHRA High Court of Judicature at Allahabad