LAWS(ALL)-2024-10-39

CHETRARM Vs. STATE OF U.P.

Decided On October 18, 2024
Chetrarm Appellant
V/S
STATE OF U.P. Respondents

JUDGEMENT

(1.) Learned counsel for the respondents states that he is not inclined to file an objection to the delay condonation application and he has no objection in case delay condonation application is allowed.

(2.) For the reasons stated in affidavit filed in support of delay condonation application, as the same constitutes sufficient cause for condoning delay in filing review application, the delay condonation application is allowed. The review application is treated to have been filed well within time.

(3.) Record reflects that the applicants-petitioners were owners with transferable right of Khasra No.422M/0.9700 hec., 428M/0.6410 hec. and 570M/0.7460 hec. situated in Village Sadarpur, Tehsil Dadri, District Gautam Buddh Nagar. The State Government vide notifications dtd. 30/3/2002 and 28/6/2003 had acquired the land of different villages of NOIDA and Greater NOIDA including the land of petitioners in Khasra No.422 and 428. The petitioners have invoked the writ jurisdiction for a direction commanding second respondent/Chief Executive Officer, New Okhala Industrial Development Authority (NOIDA), Gautam Buddh Nagar to pay compensation @ Rs.44,000.00 per square meter in place of Rs.22,000.00 per square meter for 5% additional abadi land in respect of the acquired land of petitioners i.e. Khasra Nos.422M and 428M situated in Village Sadarpur, Pargana and Tehsil Dadri, District Gautam Buddha Nagar in the light of the judgment and order dtd. 21/10/2011 passed by the Full Bench of this Court in Gajraj Singh and others Vs. State of U.P. and others,2011 (11) ADJ 1 (FB). A Division Bench vide judgment and order dtd. 22/4/2022 had dismissed the writ petition. For ready reference, the judgment and order dtd. 22/4/2022 is quoted herein under:-