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2025 DAILYLAW 93321 (ALL)

MUNSHI v. STATE OF U.P. AND ANOTHER

WRIC/31127/2025 · 2025-09-15

Anish Kumar Gupta, Mahesh Chandra Tripathi

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD WRIT - C No. - 31127 of 2025 Court No. - 29 HON'BLE MAHESH CHANDRA TRIPATHI, J. HON'BLE ANISH KUMAR GUPTA, J. 1. Heard Shri Akash Ojha, learned counsel for the petitioner, Shri Ambrish Shukla, learned Additional Chief Standing Counsel for the State- respondents and Mrs. Anjali Upadhya, learned counsel for respondent no.2 - Greater Noida Industrial Development Authority (GNIDA). 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 Mandamus commanding the respondent no. 2 for handover possession and execution of Lease Deed in pursuance of letters dated 07.03.2019 issue by Manager Property, Greater Noida in respect of Plot No. 51 Pocket K area 270 sq. Meter which was allotted to the petitioners as 10% Develop land in lieu of their acquired land of Revenue Village Kasna, Paragana Dadri, Tehsil Dadri, District Gautam Budh Nagar or shift the petitioner Plot anywhere In the same Sector." 3. Learned counsel for the petitioner submits that it is not in dispute that the petitioner’s holding was acquired under a beneficial legislation and that the GNIDA itself had formulated a rehabilitation scheme for tenure- holders whose land was acquired. Under this scheme, 10% developed land was allotted to the petitioner on 07.03.2019. However, despite repeated efforts by the petitioner, GNIDA has neither delivered actual Versus Counsel for Petitioner(s) : Akash Ojha, Rakesh Mishra Counsel for Respondent(s) : Anjali Upadhya, C.S.C. Munshi .....Petitioner(s) State of U.P. and Another .....Respondent(s) physical possession of the allotted plot nor executed the lease deed, owing to its inaction. This situation compelled the petitioner to invoke the writ jurisdiction of this Court. 4. Considering the factual situation as enumerated before us, it is undisputed that the allotment in favour of the petitioner was made on 07.03.2019. Yet, till date, GNIDA has neither handed over possession nor executed the lease deed. Such inaction on the part of the authority cannot be permitted to continue indefinitely. 5. Accordingly, in the interest of justice, the writ petition is disposed of with a direction to GNIDA to ensure delivery of possession and execution of the lease deed in favour of the petitioner, within a period of three months from the date of presentation of a certified copy of this order, if there exists no legal impediment. In case there is any impediment in executing the lease deed with respect to the allotted plot, it shall be incumbent upon GNIDA to allot an alternative plot of equivalent value to the petitioner. September 16, 2025 NLY WRIC No. 31127 of 2025 2 (Anish Kumar Gupta,J.) (Mahesh Chandra Tripathi,J.) Digitally signed by :- NAND LAL YADAV High Court of Judicature at Allahabad