4 ) CCC 222 (SC ), 2022 (2 )CivilCC(S.C. ), 2022 (2 )ICC488 (SC ), 2022 INSC 245 , 2022 (2 )J.L.J.R.117 , 2022 (2 )PLJR79 , 2022 (3 )RCR(Civil)304 , [2022 ]1 SCR728 , ,MANU/SC/0260/2022M.R. Shah#B.V. Nagarathna#215SC3020Judgment/OrderAWC#CCC#CivilCC#ICC#INSC#JLJR#MANU#PLJR#RCR (Civil)#SCRM.R. Shah,SUPREME COURT OF INDIAAcquisition#Aggrieved Person#Allotment#Cause of Action#Civil Matter#Constitution of India#Contract#Representation#Special Leave Petition2022-3-3196421,17163 -->

MANU/SC/0260/2022

True Court CopyTM English

IN THE SUPREME COURT OF INDIA

Special Leave Petition (C) No. 3008 of 2022

Decided On: 28.02.2022

Appellants: Surjeet Singh Sahni Vs. Respondent: State of U.P. and Ors.

Hon'ble Judges/Coram:
M.R. Shah and B.V. Nagarathna

JUDGMENT

M.R. Shah, J.

1. Feeling aggrieved and dissatisfied with the impugned judgment and order dated 09.09.2021 passed by the High Court of Judicature at Allahabad in Writ C No. 40336 of 2017 by which the High Court has dismissed the said writ petition preferred by the Petitioner herein, the original writ Petitioner has preferred the present special leave petition.

2. The facts leading to the present special leave petition in nutshell are as under:

2.1. That the Petitioner entered into a Sale Deed with the Respondent- NOIDA vide Sale Deed dated 19.09.2001 whereby the Petitioner sold a Plot No. 163 of Khata No. 254 to the NOIDA under the provisions of Section 6 of the U.P. Industrial Area Development Act, 1976 and in terms of the Resolution in 102nd meeting of NOIDA. According to the Petitioner, Clause No. 12 of the Sale Deed clearly provided that a plot of 10% area (to be calculated of the total land sold) shall be allotted to the Petitioner on payment of 10% of the amount as being paid under the Sale Deed. In addition, it clearly recorded that "Original Farmer" shall also be entitled to "Rehabilitation Bonus".

2.2. That after a period of 10 years from the date of execution of the Sale Deed, the Petitioner made a representation to NOIDA vide representation dated 10.03.2010 requesting to allot a plot as agreed in terms of the Sale Deed. That thereafter the Petitioner preferred Writ Petition No. 5599 of 2011 before the High Court of Allahabad inter alia praying that directions to the NOIDA to allot 10% of the land of the acquired area of the land of the Petitioner for Abadi purposes in terms of Clause 12 of the Sale Deed dated 19.09.2001 and as per Resolution in 102nd meeting of NOIDA Board held on 07.01.1998. Though the said writ petition was filed after a period of 11 years from the date of execution of the Sale Deed and though the said writ petition was barred by delay and latches, the High Court entertained the said writ petition, however, disposed of the said writ petition vide order dated 07.04.2017 directing the NOIDA to decide the representation of the Petitioner expeditiously and preferably within a period of six weeks.

2.3. That thereafter vide order dated 23.05.2017, the NOIDA rejected the said representation. Feeling aggrieved and dissatisfied with the order passed by the NOIDA dated 23.05.2017 rejecting the representation, the Petitioner filed Wri........