High Court of Judicature at Allahabad
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Abhai Singh v. State Of U.P. & Others - WRIT - C No. 39326 of 2007  RD-AH 14337 (22 August 2007)
COURT NO. 29
CIVIL MISC. WRIT PETITION NO. 39326 OF 2007
State of U.P. & Ors.
Hon'ble Dr. B.S. Chauhan, J.
Hon'ble Rakesh Sharma, J.
This writ petition has been filed with the averments that the land in dispute had never been acquired by respondent authorities and the petitioner is being dispossessed without resorting to any procedure prescribed by law or making any payment of the compensation to her.
Shri Pradeep Kumar, learned counsel appearing for respondent no. 3 submits that as the petition raises disputed questions of fact as to whether the construction in dispute had been raised by the petitioner prior to or subsequent to the establishment of Greater NOIDA, and if the construction has been raised subsequent to coming the Greater NOIDA into existence, whether sanction from the Greater NOIDA Authorities has been taken, therefore, the matter may be relegated to the Authorities concerned to examine the aforesaid issues.
Thus, in view of the above, it is desirable that the respondent no. 3 may examine the issue as to whether construction in dispute had been raised prior to the date of commencement of the Greater NOIDA Authority or subsequent thereto, and if the construction had been raised subsequent to coming the Greater NOIDA into existence, whether sanction from the Greater NOIDA Authorities has been taken, and pass appropriate orders in accordance with law within three weeks from the date of filing a certified copy of this order before him, to which the petitioner undertakes to file within a period of one week from today.
For a period of 4 weeks status quo as on today shall be maintained. The petitioner shall not raise any construction in the land in dispute till the final decision is taken.
With the observations made above, the petition stands disposed of finally.
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