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2025 DAILYLAW 63613 (ALL)

SHIV ESTATES PVT LTD AND ANOTHER v. STATE OF U.P. AND 3 OTHERS

WRIC/17251/2025 · 2025-07-07

Mahesh Chandra Tripathi, Vinod Diwakar

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:107052-DB Court No. - 29 Case :- WRIT - C No. - 17251 of 2025 Petitioner :- Shiv Estates Pvt Ltd And Another Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Kundan Rai Counsel for Respondent :- C.S.C.,Nipun Singh Hon'ble Mahesh Chandra Tripathi,J. Hon'ble Vinod Diwakar,J. 1.Heard learned counsel for the petitioners, Shri Devesh Vikram, learned Additional Chief Standing Counsel for the State respondents and Shri Naman Agarawal, learned counsel holding brief of Shri Nipun Singh, learned counsel for the respondent - U.P. Awas Evam Vikas Parishad. 2. The instant writ petition has been filed praying inter alia for the following relief: "i. Issue a writ, order or direction in the nature of certiorari quashing the impugned award dated 08.02.2024 passed by the respondent no. 4 (Annexure No. 2) to the extent it relates to khasra no.2493 ad-measuring area 0.2910 hectare, 2494 ad-measuring area 0.2280 hectare, 2495 ad- measuring area 0.1520 hectare, 2496 ad-measuring area 0.1010 hectare, 2498 ad-measuring area 0.4430 hectare belongs to petitioner no.1 and khasra no.2502 ad- measuring area 1.7830 hectare, khasra no.2503 ad-measuring area 1.0894 hectare belongs to petitioner no.2 situated in Village Mandola, Pargana and Tehsil Looni, Ghaziabad; ii. Issue a writ, order or direction in the nature of mandamus commanding the respondent no. 4 to re-compute the compensation in terms of The Right to Fair Compensation and Transparency Land Acquisition, Rehabilitation Resettlement Act, 2013 by treating the reference date as 01.01.2014;" 3. In response to the order dated 27.05.2025, Shri Naman Agarwal, learned counsel holding brief of Shri Nipun Singh, learned counsel for the respondent – U.P. Awas Evam Vikas Parishad, fairly states that the matter is squarely covered by the judgment and order dated 18.12.2024 passed by the Division Bench in Writ-C No. 35847 of 2024 (Jainex Developers Private Limited vs. State of U.P. and Others). 4. As the factual and legal aspects of the matter are not disputed by the respondent, the instant writ petition is allowed in terms of the law laid down in the case of Jainex Developers Private Limited (supra). Order Date :- 8.7.2025 NLY Digitally signed by :- NAND LAL YADAV High Court of Judicature at Allahabad