WRIC/41636/2019 of SANJAY SINGH Vs STATE OF U.P. AND 2 OTHERS on 20 December 2019

Case :- WRIT - C No. - 41636 of 2019

Petitioner :- Sanjay SinghRespondent :- State Of U.P. And 2 OthersCounsel for Petitioner :- Krishna Kant MishraCounsel for Respondent :- C.S.C.,Anjali Upadhya Hon'ble Shashi Kant Gupta,J.Hon'ble Shamim Ahmed,J.

This writ petition has been filed interalia for the followingrelief:

"i. Issue a writ, order or direction in the nature of certiorari quashingthe impugned Board decision dated 22.08.2019 (Annexure No. 2 to thiswrit petition) taken by the Board of the Greater Noida Authority in its115th sitting.

ii. Issue a writ, order or direction in the nature of certiorari quashingthe impugned Board decision dated 22.08.2019 (Annexure No. 2 to thiswrit petition) taken by the Board of the Greater Noida Authority in its115th sitting.

iii. Issue a writ order or direction in the Nature of mandamuscommanding and directing the respondents to allot remaining 4%developed land to the petitioners in terms of the judgment and orderdated 21.10.2011 passed by the Hon'ble Full Bench of this Hon'bleCourt in the case of Gajraj and others Vs. State of U.P. and others."

Heard Sri Krishna Kant Mishra, learned counsel for thepetitioners, Sri Ramendra Pratap Singh, learned counselappearing on behalf of the respondent-Noida Authority andperused the record.

By means of this writ petition, the petitioners are seeking toallot 4% development area in lieu of their acquired land. Thepetitioners are owners with transferable rights of their landsituated in various parts of Noida, District Gautam Budh Nagar.

Learned counsel for the petitioners has stated that thepetitioners have also challenged the Government Order dated21.09.2016 whereby the resolution passed by the NoidaAuthority with regard to the grant of 10% developed land to thepetitioners was rejected and thereafter the Noida Authority itselfin view of the order passed by the State Government as well as the decision of the Hon'ble Apex Court in Khatoon andothers Versus State of Uttar Pradesh through PrincipalSecretary and others reported in (2018) 14 Supreme CourtCases 346 withdrew its earlier decision regarding the allotmentof 10% developed land to the petitioners.

Learned counsel appearing on behalf of the respondent-NoidaAuthority has stated that the controversy involved in the presentwrit petition is squarely covered by the judgment rendered bythe Hon'ble Apex Court in the case of Khatoon and othersVersus State of Uttar Pradesh (Supra). The aforementionedjudgment was followed by this Court in the case of Smt. MayaDevi and 5 others Versus State of U.P. and 2 Others decidedon 07.11.2019 in Writ C No. 35693 of 2019 wherein it hasbeen held that the petitioners therein are not entitled for thereliefs as claimed by them. The claim of the petitioners thereinwith regard to 10% developed land was not allowed as thepetitioners could not establish their legal right to claim such10% developed land.

Learned counsel for the petitioners has not disputed thecontention so made by the learned counsel for the respondent-Noida Authority.

Since the present matter is also covered by the decision of theHon'ble Apex Court as well as of this Court as noted hereinabove, the present writ petition is dismissed in terms of theorder dated 07.11.2019 passed by this Court in Writ C No.35693 of 2019 (Smt. Maya Devi and 5 Others Versus State ofU.P. and 2 Others).

Order Date :- 20.12.2019

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