Court No. - 39
Case :- WRIT - C No. - 12516 of 2019 Petitioner :- M/S Aadi Best Consortium Pvt. Ltd.
Respondent :- Ghaziabad Development Authority And Another Counsel for Petitioner :- Tarun Agrawal Counsel for Respondent :- Mahesh Narain Singh Hon'ble B. Amit Sthalekar,J. Hon'ble Piyush Agrawal,J.
Heard Shri Ravi Kant, learned Senior Counsel, assisted by Shri Tarun Agrawal, learned counsel for the petitioner and Shri M.N. Singh, learned counsel for the respondents.
The petitioner, in this writ petition, is seeking quashing of the order dated 28.03.2019; whereby, partial completion certificate, which was granted in favour of the petitioner, has been cancelled.
The submission of the learned Senior Counsel is that before passing the impugned order, no opportunity to show cause or opportunity of hearing was given to the petitioner.
This fact has not been disputed by Shri M.N. Singh or by Shri M.C. Chaturvedi, learned Additional Advocate General appearing for the State.
It is, therefore, apparent that the impugned order is a unilateral order passed without giving any opportunity of hearing to the petitioner and therefore, the same cannot survive being violative of principles of natural justice.
We, accordingly, quash the impugned order dated 28.03.2019 and remit the matter to the Vice Chairman, Ghaziabad Development Authority, Ghaziabad to re-consider the matter, in accordance with law, and pass a fresh order after giving the petitioner an opportunity of being heard.
The writ petition is, accordingly, allowed.
Order Date :- 26.4.2019 Amit Mishra