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2025 DAILYLAW 132792 (ALL)

M/S INFINITE INFOPARK LIMITED THRU.ITS AUTHORIZED REPRESENTATIVE MR.ARCHIT GUPTA v. STATE OF U.P. THRU. ITS ADDL. CHIEF SECY./PRIN.SECY.DEPTT.HOUSING AND URBAN PLANNING LKO. AND 3 ORS

WRIC/3363/2025 · 2025-04-08

Om Prakash Shukla, Rajan Roy

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:19624-DB Court No. - 2 Case :- WRIT - C No. - 3363 of 2025 Petitioner :- M/S Infinite Infopark Limited Thru.Its Authorized Representative Mr.Archit Gupta Respondent :- State Of U.P. Thru. Its Addl. Chief Secy./Prin.Secy.Deptt.Housing And Urban Planning Lko. And 3 Ors Counsel for Petitioner :- Sachin Garg,Akber Ahmad,Gaurav Mehrotra Counsel for Respondent :- C.S.C.,Ratnesh Chandra Hon'ble Rajan Roy,J. Hon'ble Om Prakash Shukla,J. 1.) Heard Shri Gaurav Mehrotra, learned Counsel for the petitioner, learned Standing Counsel for the State and Shri Ratnesh Chandra, learned Counsel for the Lucknow Development Authority. 2.) The petitioner Company had submitted a layout plan for sanction under Section 14 read with Section 15 of the U.P. Urban and Planning Development Act, 1973 (hereinafter referred to as 'the Act, 1973'). By the impugned order dated 18.03.2025, it has been informed about an objection raised in the report of the Consolidation Officer, Acquistion. 3.) The contention is that this is implied refusal of the application submitted under Section 15, that too without any opportunity of hearing, as is envisaged under the said provision of the Act, 1973. It is also the contention that the ground mentioned therein could not, in fact, form a ground for rejection. 4.) Shri Ratnesh Chandra, learned Counsel for the L.D.A. says that this is not a decision but a mere communication of the objection raised by the concerned. 5.) In view of the statement of Shri Ratnesh Chandra, learned Counsel for the L.D.A. and after going through the provisions of Section 15, it is made clear that whatever decision is to be taken by the competent authority under Section 15 of the Act, 1973, would be taken strictly in terms of the said provision, and if the application submitted by the petitioner under the said provision is to be refused, then prior to it, opportunity of hearing shall be given and a considered decision shall be taken in the matter. Let such decision be taken within a period of one month in accordance with law. While taking a decision, all the relevant pleas raised by the petitioner would be taken into consideration. 6.) The writ petition is disposed of in the aforesaid terms. Order Date :- 8.4.2025 Lokesh Kumar [Om Prakash Shukla, J.] [Rajan Roy, J.] Digitally signed by :- LOKESH KUMAR High Court of Judicature at Allahabad, Lucknow Bench