INSTITUTE OF DENTAL AND MEDICAL RESEARCH SOCIETY v. STATE OF U.P. AND ANOTHER
WRIC/13442/2025 · 2025-04-30
Anish Kumar Gupta, Manoj Kumar Gupta
body2025
DailyLaw.ai
[ 2025 DAILYLAW 46168 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 46168 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC:68837-DB Court No. - 21 Case :- WRIT - C No. - 13442 of 2025 Petitioner :- Institute Of Dental And Medical Research 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 21.02.2025 issued by respondent no. 2 to the extent it relates to demand towards additional compensation to the tune of Rs. 4,83,68,408/-.
2. The petitioner is allottee of Plot No. 2A, Knowledge Park-III, area 30,012.07 Sq. Mtr., Greater Noida vide allotment letter issued in the month of March 2003. The petitioner applied for affiliation with Chaudhary Charan Singh University in respect of some new courses. From the impugned demand notice, it appears that with regard to such affiliation, Additional District Magistrate, Gautam Budh Nagar, sought some report from the Authority and it was only then that the Authority raised the demand of additional compensation from the petitioner.
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 tenure holders 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 with the 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 tenure holders 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. Ms Anjali Upadhya, learned counsel appearing for the respondent Development Authority admits that there is Board resolution whereunder the Board resolved to pay additional compensation to tenure holders whose lands were acquired after
01.04.2007. She 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. (Anish Kumar Gupta, J.) (Manoj Kumar Gupta, J.)
Order Date :- 1.5.2025 Jaideep/- Digitally signed by :- JAIDEEP BANERJEE High Court of Judicature at Allahabad