Court No. - 29
Case :- WRIT - C No. - 14992 of 2018 Petitioner :- M/S Civitech Developers Private Limited Corporate Office Respondent :- State Of U.P. And 7 Others Counsel for Petitioner :- Akshat Sinha,Sr. Advocate Ravi Kiran Jain,Yogesh Kumar Sinha Counsel for Respondent :- C.S.C.,Kaushalendra Nath Singh
Hon'ble Govind Mathur,J. Hon'ble Jayant Banerji,J.
Heard Sri Ravi Kiran Jain, learned Senior Counsel appearing on behalf of the petitioner, Sri Kaushalendra Nath Singh, learned counsel for respondent no.2 and learned Standing Counsel for the respondents-State.
This petition for writ is before us to have a direction for respondents to provide the relief of zero period and consequential benefits for the period consumed in litigation from 6th May, 2015 to 5th September, 2016.
Suffice to mention that the Board of Management of New Okhla Industrial Development Authority (hereinafter referred to as the Noida) in its 188th meeting held on 28th March, 2016 prescribed different eventualities wherein the benefit of zero period can be given.
The submission of learned counsel for the petitioner is that due to pendency of litigation, it was not possible for the petitioner's to satisfy all the constructions at project site and, therefore, the petitioner is entitled to have benefit of the zero period.
Before approaching this Court, the petitioner submitted a detailed representation to the Chief Executive Officer, Noida on 29th January, 2018. Admittedly, the representation submitted by the petitioner has yet not been considered and decided by the Chief Executive Officer, Noida.
Having considered this fact, we deem it appropriate to dispose of this petition for writ by directing the Chief Executive Officer, Noida to take a decision on the representation submitted by the petitioner by a reasoned and speaking order within a period of one month from today. For a period of six weeks from today or till a decision is taken by the Chief Executive Officer, Noida whichever is earlier, no coercive action be taken against the petitioner.
The writ petition with the directions as above, stands disposed of.
Order Date :- 25.4.2018 Bhaskar (Jayant Banerji, J.) (Govind Mathur, J.)