JUDGEMENT
V.K.SHUKLA,MAHESH CHANDRA TRIPATHI,J. -
(1.) Heard learned counsel for the petitioners and learned Standing Counsel. Shri Rajesh Kumar Singh appears for respondent no.3.
(2.) The petitioners are before this Court for following reliefs:-
"(i) issue a writ, order or direction in the nature of writ of mandamus commanding to the respondent Ghaziabad Development Authorities to restore back the building and possession to the petitioners over 4 bighas 12 biswa land portion of revenue plot no.360, Mauja Hasanpur Bhovapur, Pargana and Tehsil Loni, District Ghaziabad within reasonable time granted by this Hon'ble Court and to pay a compensation of Rs.15 lacs each to the petitioners for illegal demolition of her building, in the interest of justice.
(ii) issue a writ, order or direction in the nature of ad-interim mandamus commanding to the respondent authorities/Collector, Ghaziabad to ensure availability of temporary residential accommodation on spot or at any place on the cost of Ghaziabad Development Authority in favour of petitioners to live with her family in winter season till final decision of the writ petition, in the interest of justice."
(3.) The entire claim has been set up on the ground that revenue plot no.360 area 4 bigha 12 biswa Mauja Hasanpur Bhovapur, Pargana and Tehsil Loni, Distt. Ghaziabad vested in Gaon Sabha under Section 117 of UPZA and LR Act. The petitioners as well as other landless labourers were selected in an open meeting of Village Panchayat dated 4.12.1976 for allotment of 150 sq. yard land to each one for abadi site. Consequently, lease was also executed separately in favour of the petitioners on 3.1.1976. It is claimed that after execution/ approval of lease deed the petitioners had raised certain constructions and were residing there. In this backdrop, learned counsel for the petitioners submits that without any due notice or opportunity, the GDA had proceeded to demolish the property in question on 19.1.2016. On account of demolition of the property in question the petitioners have suffered loss of more than Rs.15 lacs each and as such this Court should come for rescue and reprieve of the petitioner.;
Click here to view full judgement.
Copyright © Regent Computronics Pvt.Ltd.