NANAK CHAND AND 3 OTHERS v. STATE OF U.P. AND ANOTHER
WRIC/17609/2025 · 2025-05-27
Anish Kumar Gupta, Manoj Kumar Gupta
body2025
DailyLaw.ai
[ 2025 DAILYLAW 64508 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 64508 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC:91725-DB Court No. - 21 Case :- WRIT - C No. - 17609 of 2025 Petitioner :- Nanak Chand And 3 Others 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 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. 17, area 2.6560 hectare & 547 area 0.7780 hectare, village Sirsa, Greater Noida, Tehsil Sadar, 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. 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