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Neutral Citation No. - 2025:AHC:78677-DB Court No. - 21 Case :- WRIT - C No. - 15145 of 2025 Petitioner :- Manmohan Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Pankaj Srivastava Counsel for Respondent :- C.S.C.,Kaushalendra Nath Singh Hon'ble Manoj Kumar Gupta,J. Hon'ble Anish Kumar Gupta,J.
1. The claim of the petitioner for allotment of 10% developed land in lieu of the land acquired in terms of the policy of Noida and the Full Bench judgment of this Court in Gajraj vs. State of U.P. and Others; 2011 (11) ADJ 1 was dismissed by this Court vide
judgment dated 14.12.2022 in Writ Petition No. 26518 of 2022. The aforesaid judgment was challenged in Special Leave to Petition No. 5584 of 2023 wherein the Supreme Court permitted the petitioner to withdraw the special leave petition and to avail other remedies. Thereafter, the petitioner filed a representation before Noida for allotment of developed land in his favour relying on the judgment of Supreme Court in Ramesh Chandra Sharma & others vs. State of U.P. & others; 2023 SCC OnLine SC 162 wherein it has been held that the Authority cannot make distinction between Pushtaini and Gair Pushtaini Kashtakars. It is noteworthy that this Court while dismissing the previous writ petition, had declined the claim inter alia on the ground that the said benefit was available only to Pushtaini Kashtakars.
2. It is not disputed by learned counsel for Noida that as per recent pronouncement of the Supreme Court in Ramesh Chandra Sharma (supra), no distinction can be made by the Authority between Pushtaini and Gair Pushtaini Kashtakars.
3. In view of it, we dispose of the instant petition with direction to the respondent-Authority to decide the representation dated 24.3.2025 within a period of eight weeks from the date of communication of the instant order along with photocopy of the said representation. (Anish Kumar Gupta, J.) (Manoj Kumar Gupta, J.)
Order Date :- 14.5.2025 Jaideep/- Digitally signed by :- JAIDEEP BANERJEE High Court of Judicature at Allahabad