KAPIL MISRA Vs. STATE OF U.P.

JUDGEMENT

(1.) Heard Sri Jaideep Narain Mathur, learned Senior Advocate assisted by Sri Sunil Kumar Chaudhary, Sri Abhishek Khare and Ms. Aishvarya Mathur, Advocate for the petitioners as well as learned Standing Counsel for the State respondents and Sri Sanjeev Sen, learned Senior Advocate assisted by Sri Waseequddin Ahmed, learned counsel appearing for New Okhla Industrial Development Authority (hereinafter referred to as "NOIDA").

(2.) The petitioner has challenged the correctness of the order dtd. 11/09/2023 passed by the Chief Executive Officer, "NOIDA" whereby he has declined to sanction the map submitted by the petitioner for group housing, as well as the order dtd. 10/04/2024 passed by the State Government in exercise of power under sec. 41 (3) of the U.P. Urban Planning and Development Act, 1973 wherein the validity of the order dtd. 11/09/2023 has been upheld and the revision of the petitioner has been dismissed.

(3.) The brief facts involved in the present controversy are that the petitioners were joint owners of land measuring 10,870 sq.mtrs situated at khata No. 7 khasra No. 2, Village Rohillapur, sector 132, NOIDA, District Gautam Buddha Nagar. The said land was sought to be acquired by the State Government and notification under sec. 4 (1) read with sec. 17 (4) of the Land Acquisition Act, 1894 was issued on 13/02/2006 while the notification under sec. 6 read with sec. 17 (1) of the Act of 1894 was issued on 12/06/2006. The aforesaid acquisition proceedings were challenged by the petitioners by filing writ petition No. 18009/2008 before this Court at Allahabad and the aforesaid writ petition which was allowed by means of judgement and order dtd. 10/08/2009 and the notifications under sec. 4 and sec. 6 of the Act of 1894 were quashed.