Neutral Citation No. - 2025:AHC:78205-DB HIGH COURT OF JUDICATURE AT ALLAHABAD ***** (Sl No.60) Court No. - 21 Case :- WRIT - C No. - 9248 of 2025 Petitioner :- Jai Singh Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Pankaj Dubey,Rishu Mishra Counsel for Respondent :- Anjali Upadhya,Shivam Yadav Hon'ble Manoj Kumar Gupta,J. Hon'ble Anish Kumar Gupta,J. 1. The petitioner was allotted an educational Plot No.NS 01 measuring 2000 Sq. Mtrs. in Sector ETA-02, Institutional Area on lease for a period of ninety years for establishment of a Nursery School at Greater Noida vide allotment letter dated 27.09.2016. Thereunder, apart from registration money already deposited, the allotment money was payable by 26.11.2016 and the remaining premium i.e., 70% of the remaining premium amount in eight equal six monthly installments. 2. The petitioner is aggrieved by a notice dated 10.09.2024 issued to him by the respondent Development Authority, intimating him that Rs. 4,55,84,000.079 is due against the plot as of 01.08.2024 when checklist was issued to the petitioner for obtaining lease of the subject land. 3. The case of the petitioner is that as per the terms of the scheme, the petitioner was entitled to obtain lease deed and take possession as soon as he had deposited 30% of the total premium amount. The said amount according to the petitioner comprises of the allotment money and the registration money. The petitioner claims to have deposited the said amount by 09.01.2017 and even the first installment on 19.05.2017 and the respondent Development Authority itself delayed issuance of checklist as it was not having possession of the subject land. It is submitted that in such circumstances, the respondent Authority is not justified in charging interest and penal interest for the period it was not in the position to deliver possession. 4. Accordingly, the petitioner has prayed for quashing of the demand notice dated 10.09.2024 and for a further direction to respondent no.2 to take appropriate decision on application of the petitioner dated 23/30.12.2024 in respect of declaration of said period as zero period. 5. Sri Shivam Yadav, learned counsel for the respondent Development Authority states that representation of the petitioner would be decided within such time as may be directed by this Court. 6. Accordingly, the writ petition is disposed of with direction to respondent no.2 to take decision on the representation of the petitioner dated 23.12.2024 within six weeks from the date of communication of the instant order alongwith photocopy of the representation. Order Date :- 13.5.2025 Shubham Arya (Anish Kumar Gupta, J.) (Manoj Kumar Gupta, J.) Digitally signed by :- SHUBHAM ARYA High Court of Judicature at Allahabad