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RAJNISH PALTA AND OTHERS versus NOIDA, GAUTAM BUDH NAGAR (U.P.)

High Court of Judicature at Allahabad

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Rajnish Palta And Others v. Noida, Gautam Budh Nagar (U.P.) - WRIT - C No. 71512 of 2005 [2005] RD-AH 6174 (22 November 2005)

 

This is an UNCERTIFIED copy for information/reference. For authentic copy please refer to certified copy only. In case of any mistake, please bring it to the notice of Joint Registrar(Copying).

HIGH COURT OF JUDICATURE OF ALLAHABAD

Hon'ble Sushil Harkauli, J.

Hon'ble Vikram Nath, J.

We have heard the learned counsel for the petitioners, Sri Shambhu Chopra and Sri Anurag Khanna, representing respondent.

The allotment of the petitioners was cancelled by order dated 4.10.1996 (annexure 7 to this writ petition) by the Deputy Chief Executive Officer, NOIDA.  The contention of the petitioners is two folds. Firstly that the cancellation order was passed without giving opportunity of hearing to the petitioners and secondly that the respondent-authority has been considering the cases for restoration of such cancellation on charging certain restoration fee by the allottees.

In the circumstances, if the petitioners make a detailed representation before the Deputy Chief Executive Officer, NOIDA along with certified copy of this order, the Deputy Chief Executive Officer, NOIDA will examine the matter. If the petitioners succeed on the first point regarding opportunity of hearing the plot shall be restored subject to fulfillment of other conditions.  However, if the petitioners fail on the first point the respondent-authority shall consider the case of the petitioners under the restoration policy.  The said decision will be taken by the Deputy Chief Executive Officer, NOIDA within two months of the date on which such representation along with certified copy of this order is presented before him by the petitioners.

The writ petition is disposed of as above.

Dated: 22.11.2005

RCT/71512/05/writ


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Reproduced in accordance with s52(q) of the Copyright Act 1957 (India) from judis.nic.in, indiacode.nic.in and other Indian High Court Websites

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