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2025 DAILYLAW 75547 (ALL)

SITA RAM SHARMA AND 9 OTHERS v. STATE OF U.P. AND ANOTHER

WRIC/23381/2025 · 2025-07-21

Mahesh Chandra Tripathi, Vinod Diwakar

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:119262-DB Court No. - 29 Case :- WRIT - C No. - 23381 of 2025 Petitioner :- Sita Ram Sharma And 9 Others Respondent :- State of U.P. and Another Counsel for Petitioner :- Amit Singh Yadav,Gautam Kumar Counsel for Respondent :- Anjali Upadhya,C.S.C. Hon'ble Mahesh Chandra Tripathi,J. Hon'ble Vinod Diwakar,J. 1. Heard learned counsel for the petitioners; Shri Akhileshwar Singh, learned Addl. Chief Standing Counsel for State respondents and Mrs. Anjali Upadhyay, learned counsel for Greater Noida. 2. Sita Ram Sharma and 9 others have invoked the writ jurisdiction for a direction to respondents to decide their representation dated 08.05.2025 qua additional compensation of 64.7% in the light of the Full Bench judgment of this Court in Gajraj & Ors. v. State of U.P. & Ors., (2011) 11 ADJ 1 (FB) 3. It is contended that the land of the petitioners was acquired by the respondents by way of issuing notification under Section 4 of the Land Acquisition Act, 1894 (in short "L.A. Act") on 28.03.1997 and under Section 6 of L.A. Act on 24.04.1997. In lieu of the acquisition, the award was also made on 05.02.2001 and the petitioners had also received the compensation. Learned counsel for the petitioners, in this backdrop, states that the claim of the petitioners is to be addressed in the light of the judgment in Gajraj & Ors. (Supra). 4. The relief is resisted by learned counsel for Greater Noida on the ground that the acquisition in question was not subject matter of challenge in Gajraj & Ors. (Supra), wherein each and every notification of the respective villages had been considered and at this belated stage, such relief cannot be accorded. 5. Considering the factual situation, without adverting on merits of the case, the writ petition stands disposed of with observation that in case the petitioners move fresh representation ventilating their grievances before the Authority concerned within two weeks, the same shall be considered and decided strictly in accordance with law expeditiously. Order Date :- 22.7.2025 SP/ Digitally signed by :- SURYA PRAKASH High Court of Judicature at Allahabad