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2025 DAILYLAW 48885 (ALL)

RAJ KUMAR AND 13 OTHERS v. STATE OF U.P. AND 3 OTHERS

WRIC/13362/2025 · 2025-04-29

Anish Kumar Gupta, Manoj Kumar Gupta

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:67345-DB Court No. - 21 Case :- WRIT - C No. - 13362 of 2025 Petitioner :- Raj Kumar And 13 Others Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Ramesh Kumar Pandey Counsel for Respondent :- Anjali Upadhya,C.S.C. Hon'ble Manoj Kumar Gupta,J. Hon'ble Anish Kumar Gupta,J. 1. Case of the petitioners is that they have been awarded additional compensation of 64.7% by the respondent, Development Authority, in addition to the compensation amount in lieu of acquisition of their land bearing Khasra Nos. 279 and 490 (area 0.9930 hectare), Khasra No. 615 (area 1.5214 hectare) and Khasra No. 170-ka (area 2.3317 hectare), Village Khairpur Gurjar, Tehsil Dadri, District Gautam Budh Nagar. However, 10% developed land is not being given to them. 2. Ms. Anjali Upadhya, learned counsel appearing for the respondent-Development Authority, submits that the petitioners were not party to Full Bench judgment in Gajraj & others vs. State of U.P. & others, 2011 (11) ADJ 1, therefore, they are not entitled to 10% developed land. 3. Learned counsel for the petitioners submits that in identical facts and circumstances, where certain persons have not challenged the acquisition proceedings nor were party in Gajraj & others (supra), the Authority has given them 10% developed land. Consequently, the respondents cannot discriminate the petitioners. A specific plea in this regard has been taken in paragraph-14 of the writ petition. 4. Ms. Anjali Upadhya, learned counsel for the respondent- Development Authority, very fairly states that the said aspect would be examined by the Development Authority. 5. Accordingly, the instant petition is disposed of with direction to the respondent-Development Authority, to pass a speaking order in relation to the claim of the petitioners, having regard to the averments made in paragraph-14 of the writ petition, within a period of eight weeks from the date of communication of the instant order, along with fresh representations. (Anish Kumar Gupta, J.) (Manoj Kumar Gupta, J.) Order Date :- 30.4.2025 Jaideep/- Digitally signed by :- JAIDEEP BANERJEE High Court of Judicature at Allahabad