M/S EXPRESS BUILDERS AND PROMOTERS PVT.LTD.THRU. AUTHORIZED REPRESENTATIVE, SRI ANKUR GUPTA v. STATE OF U.P. THRU. INFRASTRUCTURE/INDUSTRIAL DEVELOPMENT COMMISSIONER LKO. AND 2 OTHERS
WRIC/9584/2025 · 2025-10-08
Subhash Vidyarthi
body2025
DailyLaw.ai
[ 2025 DAILYLAW 199871 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 199871 (ALL) · dailylaw.ai ]
Judgment text
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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW WRIT - C No. - 9584 of 2025 Court No. - 17 HON'BLE SUBHASH VIDYARTHI, J.
1. Heard Sri Abhishek Khare, the learned counsel for the petitioner, Sri Sandip Srivastava, the learned Additional Chief Standing Counsel appearing on behalf of the State and Sri Waseeq Uddin Ahmad, the learned counsel for the opposite party no.3/New Okhla Industrial Development Authority. 3. By means of the instant petition the petitioner has challenged the validity of an order dated 09.01.2024, passed by the opposite party no.1/Infrastructure and Industrial Development Commissioner partly reviewing orders dated 24.07.2023 passed in the matter of M/s Greatvalue Project India Limited Vs. Noida Industrial Development Authority, order dated 22.08.2023 passed in the matter of M/s Pan Realtors Private Limited Vs. Noida Industrial Development Authority and the order dated 21.09.2023 passed in the matter of M/s Express Builders and Promoters Private Limited (the petitioners) Vs. Noida, whereby the aforesaid orders dated 24.07.2023, 22.08.2023 and 21.09.2023 were reviewed and were modified so as to delete the order for waiving of lease rent for zero period and the remaining order was maintained as it is. 4. The same order dated 09.01.2024 has already been quashed by Versus Counsel for Petitioner(s) : Abhishek Khare, Aahuti Agarwal Counsel for Respondent(s) : C.S.C., Waseeq Uddin Ahmed M/S Express Builders And Promoters Pvt.Ltd.Thru. Authorized Representative, Sri Ankur Gupta .....Petitioner(s) State Of U.P. Thru. Infrastructure/Industrial Development Commissioner Lko. And 2 Others .....Respondent(s)
a Coordinate Bench of this Court by means of an order dated 23.04.2025, passed in Writ-C No.3391 of 2025, passed in respect of M/s Great Value Projects India Limited and by means of an order dated 29.05.2025, passed by a Coordinate Bench of this Court in Writ-C No.5284 of 2025, passed in respect of M/s Pan Realtors Pvt. Limited. 5. The learned counsel for the petitioner has submitted that as the same order has already been quashed in respect of two other petitioners, the petitioner is also entitled to the same benefit. 6. Per contra, the learned counsel appearing on behalf of the New Okhla Industrial Development Authority has submitted that by the impugned order dated 09.01.2024, the authority has not reviewed the order and it has merely modified it to a limited extent. 7.
Be that as it may, the learned counsel for the opposite parties could not dispute the fact that by means of the impugned order dated 09.01.2024 the order for waiver of lease rent was set aside in respect of three parties i.e. M/s Great Value Project India Limited, M/s Pan Realtors Private Limited and M/s Express Builders and Promoters Private Limited and the same order passed in respect of two other parties already stands quashed by a Coordinate Bench of this Court. Therefore, there is no good ground which may pursued this court to deviate from the view taken by the Coordinate Bench by allowing Writ-C No.3391 of 2025 and 5284 of 2025. 8. Accordingly, the instant writ petition also stands allowed in terms of order dated 23.04.2025, passed in Writ-C No.3391 of 2025 and order dated 29.05.2025, passed in Writ-C No.5284 of 2025 and the order dated 09.01.2024, passed by opposite party no.1/Infrastructure and Industrial Development Commissioner is hereby quashed so as to delete the order for waiving of lease rent for zero period in respect of the petitioner. 9. In view of the quashing of the impugned order dated 09.01.2024, the authority shall recalculate the dues payable by the petitioner as WRIC No. 9584 of 2025 2
were existing prior to passing of the order dated 09.01.2024. With regard to other grievances it will be open to the respondent no.2 to take appropriate measures on request so made. October 8, 2025 Ram. WRIC No. 9584 of 2025 3 (Subhash Vidyarthi,J.) Digitally signed by :- RAM SINGH High Court of Judicature at Allahabad, Lucknow Bench