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IN THE HIGH COURT OF JUDICATURE AT ALLAHABAD
RAJESH BINDAL, CJ., PIYUSH AGRAWAL, J.
Runwell India Pvt. Ltd.- Petitioner
Versus
State of U.P. and others - Respondents
Writ - C No. 14113 of 2017 (O & M)
Decided On : 31-05-2022
The company purchased land which was later acquired by the State Government for planned industrial development. The land owners filed writ petitions seeking allotment of 10% developed land in lieu of their acquired land. The court dismissed the petitions, holding that the land owners were not entitled to the allotment of developed land based on the judgements of the Full Bench of the Court in Gajraj's case and subsequent judgements of the Supreme Court in Savitri Devi's and Khatoon's cases. The court also held that the State Government rightly refused to approve the resolution of the Greater Noida Authority for allotment of 10% developed land, and that tenure holders who had executed sale deeds of their land were not entitled to the benefit of allotment of 10% developed land. The court further held that the petitioners, whose writ petitions were dismissed by the Full Bench of the Court in Gajraj's case, were not entitled to the benefit of allotment of 10% developed land.
The legal document pertains to a series of writ petitions concerning the allotment of developed land in lieu of land acquired by the government for industrial development. The core issue revolves around whether landowners are entitled to 10% of developed land, subject to a maximum of 2,500 square meters, as a benefit following land acquisition.
The court's analysis indicates that such claims are not legally tenable under the current statutory framework and judicial precedents. It emphasizes that benefits previously granted in specific, unique circumstances do not establish a right for future cases, especially when subsequent rulings clarify that such directions are not to be treated as binding precedents. The court also highlights that landowners who have executed sale deeds in favor of authorities do not have an automatic entitlement to the allotment of 10% developed land, particularly when the relevant orders and approvals have not been obtained from the appropriate authorities, including the State Government.
Further, the court notes that the directions for allotment of land are subject to approval and sanction by the State Government, and the absence of such approval renders claims invalid. The court also considers that the benefits granted in earlier judgments were based on specific facts and circumstances and cannot be extended universally or as a matter of right. As a result, the petitions seeking such allotments are dismissed, reaffirming that the legal position does not support an automatic entitlement to the claimed benefits.
In summary, the court concludes that the claim for allotment of 10% developed land, under the conditions specified, does not have a legal basis in the current legal and factual context, and the petitions are accordingly dismissed.
ORDER:
PIYUSH AGRAWAL, J.
1. The following writ petitions filed by different land owners are being decided by this common order:
GREATER NOIDA:
WRIT - C No. 21825 of 2015,
WRIT - C Nos. - 14116, 36842, 36844, 39385, 40061 and 40153 of 2017;
WRIT - C Nos. 14568, 36494 and 37044 of 2018;
WRIT -C Nos. 493, 852, 6205, 8242, 13121, 13248, 13258, 13662, 13677, 13682, 13924, 14505, 14820, 15076, 15077, 15083, 21197, 23221, 23234, 23240, 23329, 23362, 23579, 23853, 23883, 24141, 24143, 24147, 24501, 24654, 25215, 25496, 25533, 25641, 25645, 25668, 25839, 25859, 26233, 26307, 26471, 26674, 26724, 26727, 27076, 27079, 27081, 27296, 27336, 27337, 27346, 27349, 27378, 27390, 27394, 27500, 27514, 27524, 27540, 27552, 27560, 27803, 27882, 27883, 27962, 27976, 27996, 28009, 28058, 28069, 28094, 28100, 28235, 28249, 28260, 28296, 28297, 28391, 28397, 28447, 28480, 28508, 28510, 28547, 28552, 28632, 28644, 28648, 28649, 28663, 28675, 28696, 28699, 28701, 28702, 28704, 28705, 28708, 28711, 28714, 28716, 28717, 28770, 28804, 28840, 28852, 28886, 28893, 28946, 29024, 29032, 29099, 29105, 29114, 29278, 29280, 29284, 29289, 29293, 29313, 29323, 29324, 29342, 29354, 29587, 29591, 29637, 29665, 29852, 29863, 29923, 29943, 29950, 29951, 29956, 29959, 29983, 29996, 30032, 30034, 30035, 30039, 30051, 30116, 30128, 30143, 30159, 30179, 30183, 30194, 30251, 30262, 30279, 30287, 30294, 30314, 30418, 30490, 30657, 30659, 30666, 30673, 30674, 30675, 30679, 30691, 30700, 30702, 30713, 30716, 30723, 30899, 30937, 30951, 30962, 31024, 31039, 31203, 31296, 31312, 31313, 31329, 31338, 31350, 31357, 31372, 31383, 31385, 31405, 31407, 31416, 31437, 31478, 31484, 31489, 31491, 31501, 31759, 31769, 31783, 31963, 31988, 31990, 32005, 32012, 32195, 32272, 32289, 32345, 32356, 32404, 32408, 32437, 32456, 32502, 32507, 32520, 32555, 32559, 32587, 32593, 32595, 32784, 32942, 33009, 33014, 33022, 33026, 33264, 33322, 33428, 33449, 33469, 33891, 34069, 34364, 34491, 34494, 34501, 34527, 34554, 34585, 34667, 34716, 34724, 34739, 34773, 34774, 34926, 36749, 36760 , 36990, 36991, 17526, 24570, 34575 and 30139 of 2019;
WRIT -C Nos. 2184, 2221, 2290, 2298, 2947, 3047, 3055, 3122, 3857, 3865, 3867, 3902, 3910, 3915, 3930, 3934, 4192, 4548, 4893, 6043 and 6092 of 2020 and
WRIT -C Nos. 947, 28235, 30834, 30840, 30888, 30973, 30988, 1347, 26393, 33067, 33192, 33237, 33333, 34220, 34486 and 34502 of 2021.
NOIDA:
Writ C No.-1532 of 2017;
Writ C Nos. 15086, 16258, 16263, 17560, 17563, 17566, 17584, 17739, 17753 , 17778, 17800, 17876, 17877, 18107, 18367, 19018, 19022, 19056 , 22795, 23154, 23157, 23160, 24130, 25877, 26034, 26381, 26440, 26449, 26482, 26498, 26731, 27144, 27290, 27556, 27818, 27827, 27880, 27885, 27890, 28047, 28099, 28101, 28102, 28171, 28191, 28208, 28386, 28462, 28472, 28477, 28700, 28707, 28709, 28713, 28715, 28790, 28796, 29063, 29295, 29317, 29337, 29560, 29564, 29632, 29652, 30216, 30306, 31130, 31193, 31332, 31345, 31392, 31411, 31438, 31454, 31462, 31472, 31477, 31497, 31785, 31935, 31958, 31997, 32001 of 2019, 32006, 32265, 32399 , 32513, 32724, 33000, 33311, 33444, 33475, 33795, 33804, 34539, 34543 , 34550 , 34562, 34694, 34729, 34931, 34936, 34939, 34956, 34961, 34998, 35020 and 4840 of 2019;
Writ C Nos.-3043, 3845, 3846, 3853, 4209, 4217, 4226 and 4233 of 2020 and
Writ C No. 26108 of 2021.
2. The principal relief claimed in all the writ petitions is that respondents be directed to allot 10% developed land in lieu of their land acquired by the State Government for Noida Development Authority/Greater Noida Development Authority, District -Gautam Buddha Nagar.
FACTUAL MATRIX:
3. Civil Misc. Writ Petition No. 14113 of 2017 (Runwell India Pvt. Ltd. Vs. State of U.P. and others) is treated as the leading writ petition.
4. From the record, it transpires that petitioner -Runwell India Pvt. Ltd. is a company duly incorporated under the Companies Act (hereinafter referred to as “Company”).
5. The Company purchased Survey Plot No. 444, area 0-17-0 bighas situate in V
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