Allahabad High Court
SHIMBHUversusSTATE OF U.P. AND 2 OTHERS
- Decided
Holding
The Court held that the matter must first be examined by the Noida Authority and therefore dismissed the petition pending a representation.
Summary
The petitioner, Ms. Uttara Bahuguna, filed a writ petition seeking a mandamus directing the State of U.P. and the Noida Authority to allot a 5% compensation of Abadi land under the NOIDA scheme. The Court examined the petition and noted that the issue falls within the jurisdiction of the Noida Authority. Accordingly, the petition was not entertained on its merits. The Court ordered the petitioner to make a representation before the Chief Executive Officer of Noida within two weeks, attaching a true attested copy of the order. The Noida Authority was directed to decide the representation within eight weeks. The petition was thus disposed without granting the mandamus.
Issues considered
- Whether the petitioner is entitled to a mandamus directing the allotment of 5% compensation of Abadi land under the NOIDA scheme
- Whether the jurisdiction to decide the compensation lies with the Noida Authority
Subjects
- mandamus
- land compensation
- NOIDA scheme
- administrative law
- representation
- High Court
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
WRIT - C No. - 15307 of 2026
Shimbhu
.....Petitioner(s)
Versus
State Of U.P. And 2 Others
.....Respondent(s)
Counsel for Petitioner(s) : Samsad Ahmed Khan, Shiv Kant
Mishra
Counsel for Respondent(s) : C.S.C., Kaushalendra Nath Singh
Court No. - 21
HON'BLE MAHESH CHANDRA TRIPATHI, J.
HON'BLE KUNAL RAVI SINGH, J.
1. Heard learned counsel for the petitioner, Ms. Uttara Bahuguna, learned
Additional Chief Standing Counsel for the State-respondents and Sri
Kaushalendra Nath Singh, learned counsel for the respondent No.3 -
NOIDA Authority.
2. Petitioner has prayed for mandamus to the respondents to allot 5%
compensation of Abadi land in view of the scheme of NOIDA.
3. Shri Kaushalendra Nath Singh, learned counsel appearing on behalf of
Noida Authority submits that issue has to be examined by respondent no.3
in the first instance.
4. Accordingly, the petition stands disposed of with liberty to the
petitioner to make a representation before the Chief Executive Officer,
Noida within two weeks from today along with true attested copy of the
instant order and in which event, it shall be decided by the said
respondents within next eight weeks.
(Kunal Ravi Singh,J.) (Mahesh Chandra Tripathi,J.)
April 23, 2026
Priya
Digitally signed by :-
PRIYA KUSHWAHA
High Court of Judicature at Allahabad
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