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Neutral Citation No. - 2025:AHC:92643-DB HIGH COURT OF JUDICATURE AT ALLAHABAD (Sl. No. 29) Court No. - 21 Case :- WRIT - C No. - 17208 of 2025 Petitioner :- Harshit Garg Respondent :- State of U.P. and Another Counsel for Petitioner :- Uma Nath Pandey Counsel for Respondent :- Aditya Bhushan Singhal,C.S.C. Hon'ble Manoj Kumar Gupta,J. Hon'ble Anish Kumar Gupta,J.
1. The following prayer has been made in the writ petition:-
"I. Issue a writ, order or direction in the nature of mandamus commanding the respondent no.2 to execute the lease deed of residential Plot No. 452 area 300 Sqr. Meter, Block-O, Sector 20, Yamuna Expressway Industrial Development Area, Gautam Budh Nagar in pursuance of agreement to lease dated 18.05.2010 and hand over physical possession of the respective plot within time bound period which may be fixed by this Hon'ble Court."
2. The case of the petitioner is that the respondent-Development Authority allotted a residential plot to the petitioner and an agreement to lease was executed between the parties on 18.5.2010. However, the Authority has failed to execute lease deed and provide physical possession of the plot to the petitioner so far. Accordingly, the aforesaid prayer has been made. 3. On 27.5.2025, the following order was passed:-
"1. Sri Uma Nath Pandey, learned counsel for the petitioner states that the petitioner is ready to pay entire interest on the balance amount of premium and the additional compensation and direction may be issued to the respondent Development Authority to execute lease deed of residential Plot No. 452 area 300 Sqr. Mtr., Block-O, Sector- 20, Yamuna Expressway Industrial Development Authority, Gautam Buddh Nagar in pursuance of lease deed agreement dated 18.05.2010. 2. Sri A.B. Singhal, learned counsel for the respondent Development Authority points out that previous Writ Petition (C) of the petitioner bearing No. 6036 of 2024 (Harshit Garg vs. State of U.P. and 2 Others), challenging the demand towards additional compensation and interest is pending and therefore, he prays that the same may be taken up alongwith the instant petition. 3. As the petitioner is ready to pay the entire outstanding demand towards additional
compensation and interest, therefore, let the instant matter be put up day after tomorrow i.e., 29.05.2025 alongwith records of Writ C No. 6036 of 2024 as fresh."
4.
On matter being taken up today Sri A.B. Singhal, learned counsel for the respondent-Development Authority apprises the Court that a sum of Rs. 6,43,349/- is payable by the petitioner as on 26.5.2025 under different heads. He submits that as soon as the petitioner clears the outstanding dues the Authority will provide checklist to the petitioner and will execute lease deed. 5. Learned counsel for the petitioner states that the petitioner would deposit the entire amount due. He submits that a direction be issued to the Development Authority to execute lease deed within a specified time frame. 6. Having regard to the submissions made, we dispose of the instant petition by providing that the petitioner shall deposit the balance dues, as may be intimated to him by the respondent-Authority on the date the petitioner approaches the Authority for depositing the dues. The Development Authority will within one week from the date the petitioner deposits the entire outstanding amount provide the petitioner with a checklist and subject to the petitioner complying with the formalities, will execute lease deed in his favour within next four weeks. Order Date :- 29.5.2025 Kirti (Anish Kumar Gupta, J.) (Manoj Kumar Gupta,J.) Digitally signed by :- SMT KIRTI MISHRA High Court of Judicature at Allahabad