M/S ROYAL PALM DEVELOPERS v. STATE OF U.P. AND 2 OTHERS
WRIC/26345/2025 · 2025-08-20
Kshitij Shailendra, Mahesh Chandra Tripathi
body2025
DailyLaw.ai
[ 2025 DAILYLAW 83725 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 83725 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC:144292-DB Court No. - 29 Case :- WRIT - C No. - 26345 of 2025 Petitioner :- M/S Royal Palm Developers Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Mahesh Narain Singh,Manoj Kumar Gupta Counsel for Respondent :- C.S.C.,Satyam Singh Hon'ble Mahesh Chandra Tripathi,J. Hon'ble Kshitij Shailendra,J.
1. Heard Shri M.N. Singh, learned counsel for the petitioner; Shri Devesh Vikram, learned Addl. Chief Standing Counsel for State respondent and Shri Vijay Bahadur Singh, learned counsel for Saharanpur Development Authority (in short "Authority"). 2. The instant writ petition has been preferred for following reliefs:-
"(A) Issue a writ, order or direction in the nature of mandamus directing the respondent no.2 forthwith finally decide/ conclude the proceedings/ case in pursuance of the remand order dated 06.12.2023 passed by Special Secretary, Housing and Urban Planning Section-8, Government of U.P. within a stipulated period which this Hon'ble Court may please to fix; (B) Issue a writ, order or direction in the nature of mandamus directing the respondent no.2 to restore the layout as was sanctioned on 12.08.2015 being Map No.21 of 2015-16."
3. Learned counsel for the petitioner states that the petitioner had moved an application before the Authority for according lay out plan under Section 14/15 of U.P. Urban Planning and Development Act, 1973 (in short "Act, 1973"). Initially the plan was sanctioned but later on the same was cancelled by the Authority. Thereafter, the petitioner instituted proceeding before the State Government under Section 41 (3) of the Act, 1973. Vide order dated 06.12.2023 the State Government has remitted the matter to the Authority to proceed in accordance with law. It is submitted that till date inspite of best endeavour, the proceeding could not be finalised. Such situation impelled the petitioner to invoke the writ jurisdiction. 4. Learned counsel for the Authority states that in the instant
matter notices have also been issued by Vice Chairman of the Authority to various partners of the petitioner firm and successive dates have also been fixed. As such it cannot be said that there is any inordinate delay in finalisation of the proceeding. 5. Considering the factual situation, we find that, for indefinite period, any proceeding cannot be permitted to be stagnated. As the matter was remitted back on 06.12.2023 by the State Government, the proceeding must be finalised expeditiously.
Accordingly, we direct the Vice Chairman of the Authority to finalise the proceeding in accordance with law expeditiously and preferably within three months from the date of production of certified copy of this order and without according any unnecessary adjournment. 6. The writ petition stands disposed of accordingly. Order Date :- 21.8.2025 SP/ Digitally signed by :- SURYA PRAKASH High Court of Judicature at Allahabad