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SUNITA AGARWAL, NAND PRABHA SHUKLA
Gaursons India Pvt. Ltd. – Appellant
Versus
State of U. P. – Respondent
JUDGMENT :
1. Heard Sri Nikhil Agrawal learned counsel for the petitioner, Sri Ajay Kumar Mishra learned Advocate General and Sri M.C. Chaturvedi learned Senior Counsel assisted by Sri Sudhanshu Srivastava and Sri Bharat Pratap Singh learned Additional Chief Standing Counsels for the State respondents and Sri Nipun Singh learned counsel appearing for the respondent-Avas Evam Vikas Parishad.
2. The present petition is directed against the order dated 21.6.2022 passed by the Chief Secretary, Government of U.P., insofar as it relates to the conclusion drawn in the Condition Nos. (ii) and (iii) of the order impugned. The consequential letter dated 15.9.2022 issued by the Manager Property, on behalf of the Commissioner (Housing), U.P. Avas Evam Vikas Parishad, Ghaziabad is subject-matter of challenge in the connected Writ-C No. 29931 of 2022 (M/s. Gaursons India Ltd. v. State of U.P. and Others).
3. The brief facts of the case relevant to address the controversy before us are:
The court established that prior illegal actions by government officials cannot affect the rights of third parties who acted in good faith under valid agreements.
Resolution by the Land Management Committee for land allotment without approval from the S.D.M. lacks legal validity, leading to unlawful possession claims.
Public Interest Litigation dismissed due to lack of evidence; proper procedures for land exchange were followed, and no community objections were substantiated.
Prevention of encroachment on common land - Absence of any such order from competent authority qua acceptance of offer made for seeking exchange of land, attestation of mutations, on this count alone....
The court affirmed that the failure to allot equivalent land or provide compensation for lost property violates Article 300-A of the Constitution.
Section 81 of the Delhi Land Reforms Act requires conditional orders for eviction, allowing occupants to restore land use, failing which eviction may be enforced.
The court affirmed that a valid party must be aggrieved for legal standing, particularly regarding consolidation and property rights under the U.P. Consolidation of Holdings Act.
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