KALYAN SINGH Vs. STATE OF U. P.

JUDGEMENT

(1.) By means of the instant petition filed under Article 226 of the Constitution, the petitioner has challenged the order dtd. 4/4/2024 passed by respondent no.2, Yamuna Expressway Industrial Development Authority (for short 'YEIDA'), forfeiting the allotment money of Rs.3,98,520.00 in respect of Plot No.104, Block-E, Sector-16, area 162 sq. mtrs. allotted in favour of the petitioner under the 'farmers category'.

(2.) The facts in brief are that YEIDA acquired, inter alia, Khasra no.531 area 1.2840 hectare belonging to Jagpal Singh, father of the petitioner. The compensation for the acquired land was duly paid to the father of the petitioner. The father of the petitioner died on 21/3/2017 leaving behind widow Smt. Nirmala, two married daughters and fivesons including the petitioner herein. The YEIDA advertised a scheme in the year 2023 for allotment of residential plots of different sizes. The scheme contemplated reservation of 17.5% of the total plots for persons whose land had been acquired/purchased by YEIDA for planned development or for constructions of Jewar Airport. As the land of the father of the petitioner was also acquired by YEIDA for planned development but he had died on 21/3/2017 before launch of scheme on 8/8/2023, therefore, the petitioner claiming right through him, applied for allotment under the 'farmers category'. Clause 15D prescribes eligibility for allotment under this category and the same is extracted below:

(3.) The procedure for submitting application by online mode was,inter alia, as follows: