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Neutral Citation No. - 2025:AHC:138862-DB Court No. - 29 Case :- WRIT - C No. - 10836 of 2025 Petitioner :- Virendra Nagar Respondent :- State of U.P. and Another Counsel for Petitioner :- Ashok Kumar Tripathi,Vinod Kumar Tirpathi Counsel for Respondent :- Akhilesh Kumar Sharma,C.S.C.,Rajesh Pathik Hon'ble Mahesh Chandra Tripathi,J. Hon'ble Vinod Diwakar,J.
1. Heard Shri Ashok Kumar Tripathi, learned counsel for the petitioner; Shri Suresh Singh, learned Addl. Chief Standing Counsel for State respondent and Shri Akhilesh Kumar Sharma,
learned counsel for Yamuna Expressway Industrial Development Authority (in short "Authority").
2. The instant writ petition has been preferred for a direction to respondent no.2 not to dispossess the petitioner from Khata No.00898 of Khasra No.1448 area 0.0300 hect. and Khata No.01507 of hasra No.1447 area 0.300 hect. situated at Village Rabupura, Pargana Dankaur, Tehsil Jewar, Distt. Gautam Budh Nagar.
3. On the matter being taken up today, learned counsel for the Authority, on the basis of instructions, states that in view of the notification dated 08.02.2008 the disputed land falls within the territorial jurisdiction of the Authority, which is constituted under the U.P. Industrial Area Development Act, 1976 (in short "Act, 1976") and the said land falling in Sector 18 of the Authority is earmarked for Medical Device Park. He states that the Authority is inclined either to purchase or acquire the said land under the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013. He states that till date no such process for purchase/ acquisition has commenced and as
such the instant writ petition, being premature, is liable to be dismissed at this stage.
4. Considering the factual situation as well as the categorical objection raised by learned counsel for the Authority, we find that at present no cause of action survives to press the instant writ petition. However, it is clarified that the Authority is at liberty to proceed strictly in accordance with law.
5. The writ petition stands disposed of accordingly.
Order Date :- 14.8.2025 SP/ Digitally signed by :- SURYA PRAKASH High Court of Judicature at Allahabad