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2025 DAILYLAW 54702 (ALL)

SHIMLA v. NEW OKHLA INDUSTRIAL DEVELOPMENT AUTHORITY AND 2 OTHERS

WRIC/14633/2025 · 2025-05-08

Anish Kumar Gupta, Manoj Kumar Gupta

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:75299-DB Court No. - 21 Case :- WRIT - C No. - 14633 of 2025 Petitioner :- Shimla Respondent :- New Okhla Industrial Development Authority And 2 Others Counsel for Petitioner :- Pallavi Mishra,Vivek Prakash Mishra Counsel for Respondent :- Kaushalendra Nath Singh Hon'ble Manoj Kumar Gupta,J. Hon'ble Anish Kumar Gupta,J. 1. The petitioner, feeling aggrieved by a communication dated 30.12.2022 from respondent no. 2, informing her that her allotment of Plot No. A-355, Sector 151 made on 23.7.2021, has been cancelled on the ground that other co-sharer Chaman Singh had already been allotted another plot against the acquired land, has preferred the instant petition. 2. Learned counsel for the petitioner has made twofold submissions. Firstly, that the impugned decision has been taken by the respondent-Authority without any notice or opportunity of hearing to the petitioner and second that the branch of Chaman Singh (other co-sharer) is separate from the petitioner and in terms of Clause 6 of the Brochure, the petitioner was entitled to seek allotment under the Farmer's Quota in her own independent right. The submission is that in case the petitioner was given opportunity of hearing, she would have demonstrated that the allotment was valid. 3. Sri Kaushalendra Nath Singh, learned counsel for the respondent-Development Authority, could not dispute that the impugned decision has been taken without any show cause notice or opportunity of hearing to the petitioner. The order does not indicate that any notice or opportunity of hearing was given to the petitioner. 4. As the impugned order entails civil consequences, therefore opportunity of hearing was a must. 5. Consequently, the impugned communication dated 30.12.2022 is quashed. It is left open to the respondent-Development Authority to issue proper show cause notice to the petitioner and thereafter proceed in accordance with law. A copy of the decision of Chief Executive Officer dated 2.12.2022 on basis of which the impugned communication was issued, shall also be supplied to the petitioner along with the show cause notice to enable her to give effective reply. 6. The petition stands disposed of. (Anish Kumar Gupta, J.) (Manoj Kumar Gupta, J.) Order Date :- 9.5.2025 Jaideep/- Digitally signed by :- JAIDEEP BANERJEE High Court of Judicature at Allahabad Digitally signed by :- JAIDEEP BANERJEE High Court of Judicature at Allahabad Digitally signed by :- JAIDEEP BANERJEE High Court of Judicature at Allahabad Digitally signed by :- JAIDEEP BANERJEE High Court of Judicature at Allahabad