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2025 DAILYLAW 64290 (ALL)

MAHABIR v. STATE OF U.P. AND ANOTHER

WRIC/17573/2025 · 2025-05-27

Anish Kumar Gupta, Manoj Kumar Gupta

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:91563-DB Court No. - 21 Case :- WRIT - C No. - 17573 of 2025 Petitioner :- Mahabir Respondent :- State of U.P. and Another 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 petitioner is that he has been awarded additional compensation of 64.7% by the respondent, Development Authority, in addition to the compensation amount in lieu of acquisition of his land bearing Khasra No. 176M, area 0.0990 hectare, village Sirsa, Greater Noida, Tehsil Sadar, District Gautam Budh Nagar. However, 10% developed land is not being given to him. 2. Ms. Anjali Upadhya, learned counsel appearing for the respondent- Development Authority, submits that the petitioner was not party to Full Bench judgment in Gajraj & others vs. State of U.P. & others, 2011 (11) ADJ 1, therefore, he is not entitled to 10% developed land. 3. Learned counsel for the petitioner 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 petitioner. 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 petitioner 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. Order Date :- 28.5.2025 Mukesh Kr. (Anish Kumar Gupta, J.) (Manoj Kumar Gupta, J.) Digitally signed by :- MUKESH KUMAR High Court of Judicature at Allahabad