Court No. - 39
Case :- WRIT - C No. - 18241 of 2019 Petitioner :- M/S Abloom Infotech (P) Ltd Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Swetashwa Agarwal,Ashish Kumar Singh Counsel for Respondent :- C.S.C.,Kaushalendra Nath Singh Hon'ble B. Amit Sthalekar,J. Hon'ble Piyush Agrawal,J.
Heard Shri Shashi Nandan, learned Senior Counsel, assisted by Shri Ashish Kumar Singh and Ms. Swetashwa Agarwal, learned counsel for the petitioner, learned standing counsel for the State - respondent No. 1 and Shri Kaushalendra Nath Singh, for respondent Nos. 2, 3 & 4.
The petitioner, in this writ petition, is seeking a direction to the respondents to accept and consider the building plan/map of the petitioner relating to allotted plot no. A-3A, Sector - 132, Noida, District - Gautam Budh Nagar, measuring 20,242.60 square meters, upon payment of charges/additional charges, if any, as per the terms & conditions of the lease deed.
The plot in question is stated to have been allotted and the map for construction was sanctioned on 16.10.2007. It is stated that thereafter, the original owner filed Writ - C No. 38095 of 2008 (Ajit Singh & Others Vs. State of U.P. & Others), in which the High Court passed an order of status quo. When the order was not complied with, the said Ajit Singh filed Contempt Application (Civil) No. 3142 of 2009. It is also stated that on 04.09.2009 (Annexure No. 9 to the writ petition), an order was passed by the NOIDA directing the petitioner to maintain status quo in respect of the land in question in view of the status quo order of the High Court dated 21.07.2009.
Thereafter, the petitioner filed Writ C No. 50222 of 2012, in which this Court, by order dated 01.10.2012, directed the NOIDA to re-consider the matter and to take proper steps for handing over possession of the land in question to the petitioner. It is stated that thereafter, the NOIDA handed over the possession of the land to the petitioner on 10.05.2013 (Annexure No. 15 to the writ petition).
Learned Senior Counsel submits that in spite of the interim order passed by the Court, the petitioner could not take possession of the plot in question and ultimately, possession was handed over on 10.05.2013, but now, the respondents are not accepting the building plan/map of the petitioner.
In our opinion, since the earlier writ petition of the petitioner, i.e., Writ C No. 50222 of 2012, is still pending, we direct that this matter be connected with that writ petition and in the meantime, the respondents shall accept the map/building plan of the petitioner and if there are no legal impediments, they shall also sanction the same; however, if there is any legal impediment, they shall communicate the same to the petitioner.
Connect this matter with Writ C No. 50222 of 2012.
The respondents may file their counter affidavit(s) by the next date of listing.
Order Date :- 31.5.2019 Amit Mishra