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2025 DAILYLAW 152538 (ALL)

GREATER NOIDA INDUSTRIAL DEVELOPMENT AUTHORITY THRU. AUTHORIZED SIGNATORY JEETENDRA BAHADUR RAM v. STATE OF U.P. THRU. PRIN. SECY. DEPTT. OF INFRASTRUCTURE/INDUSTRIAL DEVELOPMENT LKO. AND ANOTHER

WRIC/6927/2025 · 2025-07-24

Pankaj Bhatia

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:42576 Court No. - 7 Case :- WRIT - C No. - 6927 of 2025 Petitioner :- Greater Noida Industrial Development Authority Thru. Authorized Signatory Jeetendra Bahadur Ram Respondent :- State Of U.P. Thru. Prin. Secy. Deptt. Of Infrastructure/Industrial Development Lko. And Another Counsel for Petitioner :- Sachin Upadhyay,Amandeep Singh Counsel for Respondent :- C.S.C. Hon'ble Pankaj Bhatia,J. 1. Vakalatnama filed today by Sri Abhishek Khare, Advocate on behalf of respondent no.2 is taken on record. 2. Heard Sri Sachin Upadhyay, learned counsel for the petitioner, Sri S.C. Mishra, learned Senior Counsel assisted by Sri Abhishek Khare, learned counsel for respondent no.2 and learned Standing Counsel for the State. 3. The present writ petition has been filed by the petitioner for the following relief :- "(i) To issue a writ of order or direction in the nature of certiorari to set-aside/quash the order dated 07.08.2023 passed by opposite party no.1 in Revision No.4635/77-3-23/15 R/ 22 u/s 41(3) of the Uttar Pradesh Urban Development & Planning Act, 1973 as contained in Annexure No.1 to the present writ petition." 4. It appears from the record that the order dated 07.08.2023 was subsequently reviewed suo motu by the revisional authority. However, the said review was ultimately held to be beyond the powers conferred upon the revisional authority. As such, the subsequent suo motu order was set aside by this Court vide order dated 23.01.2025 passed in Writ C No. 521 of 2025. 5. The petitioner now challenges the order dated 07.08.2023, mainly on the ground that, with the passage of time, the petitioner is entitled to the amount indicated in paragraph no. 39 of the writ petition, which is as follows: 39. That liability upon the Respondent No.02 as on 31-05-25 stood crystalized as following : Head Actual Dues as per Lease deed Default of Original Payment Installment (Rs) 62,82,14,569/- Default of Addl. Compensation (Rs.) 3,12,07,207/- Default of Annual Rent (Rs) 2,33,35,886/- Total 68,27,57,662/- 6. It is stated that the said amount stands crystallized against respondent no. 2 as on 31.05.2025. The counsel for respondent no. 2 has made an offer stating that they are ready and willing to pay the said amount, as claimed by the petitioner, subject to the time limit granted in the revisional order dated 07.08.2023, wherein directions were issued for payment of ten percent of the amount within thirty days and the balance amount in six annual installments. 7. In light of the offer made by respondent no. 2, the counsel for the petitioner states that they are ready and willing to accept the crystallized amount as extracted above, which shall be paid by respondent no. 2 in accordance with the timeline prescribed in the order dated 07.08.2023. To further clarify, respondent no. 2 shall pay ten percent of the total amount claimed to be due by the petitioner within a period of thirty days from today, and the balance amount shall be paid in six annual installments. 8. In addition to the above, the counsel for the petitioner states that all the allottees are executing an undertaking that they shall be liable to pay any excess amount, if found due, in case any audit report is issued. The counsel for respondent no. 2 has also expressed willingness to execute the said undertaking. 9. In view of the above, the present petition is disposed of with a direction to respondent no. 2 to pay the amount as indicated hereinabove. The petitioner shall issue a fresh letter indicating the yearly installments and the dates on which they are payable. Possession of the property of respondent no. 2 shall be restored forthwith on payment of ten percent of the amount and execution of the undertaking. The other benefits which accrue in favour of the allottees shall be extended by the petitioner to the respondent no.2. (Pankaj Bhatia, J) Order Date :- 24.7.2025 A.Dewal Digitally signed by :- ASHISH DEWAL High Court of Judicature at Allahabad, Lucknow Bench