SLB WELFARE ASSOCIATION v. STATE OF U.P. AND 5 OTHERS
WRIC/16064/2025 · 2025-05-29
Shekhar B Saraf, Y K Srivastava
body2025
DailyLaw.ai
[ 2025 DAILYLAW 59581 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 59581 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC:93588-DB Court No. - 40 Case :- WRIT - C No. - 16064 of 2025 Petitioner :- SLB Welfare Association Respondent :- State Of U.P. And 5 Others Counsel for Petitioner :- Siddharth Nandan Counsel for Respondent :- Anjali Upadhya,C.S.C.,Mohd. Afzal Hon'ble Shekhar B. Saraf,J. Hon'ble Dr. Yogendra Kumar Srivastava,J. Heard Sri Siddharth Nandan, learned counsel appearing on behalf of the petitioner, Sri Mukul Tripathi, learned Standing Counsel appearing for the State respondents, Sri Yashaswi Pathak, learned Advocate holding brief of Ms. Anjali Upadhya, learned counsel appearing for the respondent No. 6, the Greater Noida Development Authority as well as Sri Mohd. Afzal, learned counsel appearing for the RERA. This is a writ petition under Article 226 of the Constitution of India wherein the writ petitioner has primarily sought for the following reliefs:
"I. Issue a writ, order or direction in the nature of mandamus directing the respondent authorities to remove the seal dated 1.5.2025, from the premises of the Rehabilitation Project of the Petitioner's Association being completed under the supervision of RERA Authority and situated over Plot No. GH- 06/B, Sector CHI-V, Greater Noida, U.P. II. Issue a writ, order or direction in the nature of certiorari quashing the order in pursuance of which the Respondent authorities have sealed the Rehabilitation Project of the Petitioner's Association being situated over Plot No. GH-06/B, Sector CHI-V, Greater Noida, U.P.; after summoning the said impugned order from the Respondent authorities. III. Issue a writ, order or direction in the nature of mandamus directing the Respondent No. 6 to provide the break-up of the principle amount of land dues against the Project in the name and style of "Sampada Livia", to enable the Petitioner's Association to pay the dues in response to their letter dated 7.4.2025 (Annexure No. 15). IV. Issue a writ, order or direction in the nature of mandamus directing the Respondent Authority not to interfere in the completion process of the Rehabilitation Project of the Petitioner's Association being situated over Plot No. GH-06/B, Sector CHI-V, Greater Noida, U.P. and being done in pursuance of the order dated 6.6.2020 passed under Section 8 of the Real Estate Regulatory Authority Act, 2016 passed by the RERA Authority." Counsel appearing on behalf of the State submits that the Recovery Citation has been issued and sealing of the property has been done with regard to deficient payment of stamp duty.
Counsel appearing on behalf of the petitioner submits that out of Rs.28,99,750/-, a deposit of balance amount being Rs.12,34,086/- along with interest is outstanding. Counsel appearing on behalf of the petitioner submits that the petitioner is willing to make this deposit without there being any prejudice to its rights and contentions. If the amount that is outstanding is paid by the petitioner to the State, the State is directed to unseal the property in accordance with law. The writ petition stands disposed of. Order Date :- 30.5.2025 Arun K. Singh [Dr. Y.K. Srivastava, J.] [Shekhar B. Saraf, J.] Digitally signed by :- ARUN KUMAR SINGH High Court of Judicature at Allahabad