Kishori Lal Sharma and 15 Others Vs State of U.P. and Another

Court No. - 37

Case :- WRIT - C No. - 36737 of 2019

Petitioner :- Kishori Lal Sharma And 15 Others Respondent :- State of U.P. and Another Counsel for Petitioner :- Rajesh Kumar Dubey Counsel for Respondent :- C.S.C.,Kaushalendra Nath Singh

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Hon'ble Abhinava Upadhya,J. Hon'ble Prakash Padia,J.

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Heard learned counsel for the petitioners; Shri Kaushalendra Nath Singh, learned counsel for the NOIDA-respondent no. 2 and learned Standing Counsel for the State-respondent no. 1.

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The grievance of the petitioners is that although they have received the additional compensation to the extent of 64.70%, but abadi plot to the extent of 5% was not given to the petitioners.

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Learned counsel for the petitioners has relied upon paragraph 482 of the Full Bench decision of this Court in the case of Gajraj and others Vs. State of U.P. and others , reported in 2011 (11) ADJ 1 (FB) . The said decision has also been rendered by a Division Bench of this Court in Writ-C No. 35693 of 2019 (Smt. Maya Devi and 5 others Vs. State of U.P. and 2 others) by judgment and order dated 5.11.2019. By the aforesaid judgment the writ petition filed by the petitioners in that writ petition was dismissed on the ground that the petitioners does not have any legal right to claim additional compensation over and above the compensation which has already been received by the petitioners.

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On behalf of respondent no. 2 it is argued by Shri Kaushalendra Nath Singh that the village in question, namely, Badoli Khadar was not considered by the Full Bench in the case of Gajraj (supra).

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In view of the law laid down by this Court in the case of Smt. Maya Devi (supra), the writ petition is liable to be dismissed and it is, accordingly, dismissed.

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Order Date :- 14.11.2019 Sunil Kr. Gupta

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(Prakash Padia, J.) (Abhinava Upadhya, J.)

Kishori Lal Sharma and 15 Others v. State of U.P. and Another

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Kishori Lal Sharma and 15 Others v. State of U.P. and Another

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