- (1.) Heard Shri M.D. Singh 'Shekhar' learned Senior Advocate assisted by Shri R.D. Tiwari, learned counsel for the petitioners, Shri Ramendra Pratap Singh, learned counsel for the respondents no. 2 and 3 and learned Standing Counsel.
(2.) By means of this petition, petitioners have prayed for following relief:- "(i) Issue a writ, order or direction in the nature of mandamus directing the opposite parties no. 1 to 3 not allot the residential plot under the Scheme-2011(Naveen Okhla Audhoygik Vikas Pradhikaran Awasiya Bhukhand Yojna- 2011(01) in favour of the opposite party no. 4 without creating the right and interest of the petitioners in the said residential plot; (ii) Issue a writ, order or direction in the nature of mandamus directing the opposite parties nos. 1 to 3 to act in accordance with law and not to deprive the petitioners by allotting the residential plot under the Scheme-2011(Naveen Okhla Audhyogik Vikas Pradhikaran Awasiya Bhukhand Yojna-2011 (01) ) in favour of the opposite party no.4 by depriving the petitioners from their right and interest in the said residential plot; and (iii) Issue any other writ, order or direction which this Hon'ble Court may deem fit and proper according to the facts and circumstances of the case."
(3.) Petitioners' case is that petitioners as well as respondent no.4 are sons of the late Dhanni Singh, who was original tenure holder of certain plots mentioned in paragraph-2 of the writ petition. The land of late Dhanni Singh was acquired by the respondents. The compensation was paid to the tenure holder in the year 1996. The Noida Authority had floated a scheme, namely, Naveen Okhla Audhyogik Vikas Pradhikaran Awasiya Bhukhand Yojna-2011 (01) for the allotment of the residential plots to the villagers, whose land had been acquired by the Noida Authority. Petitioners' case is that under the scheme -2011(01) in case of death of original tenure holder one of the legal heirs of the agriculturist can be allotted residential plot. Under the Scheme-2011(01) if there are many co-tenure holders the land would be allotted to one of the co-tenure holder and the selection of the said tenure holder would be made through process of draw among the co-tenure holders. The draw was drawn in which respondent no.4 was allotted residential plot.;