Court No. - 39
Case :- WRIT - C No. - 11585 of 2018 Petitioner :- Euphoria Sports City Private Limited And 5 Ors Respondent :- State Of U.P. And 3 Ors Counsel for Petitioner :- Dharmendra Kumar Pandey Counsel for Respondent :- C.S.C.,Anjali Upadhya
Hon'ble Dilip Gupta,J. Hon'ble Jayant Banerji,J.
The grievance that has been raised in this petition is that despite the order dated 24 May 2017 passed by a Division Bench of this Court in Writ-C No. 23240 of 2017, that the Chief Executive Officer, Greater New Okhla Industrial Development Authority (hereinafter referred to as the ' Greater Noida') should take a decision on the representation filed by the petitioner by a reasoned and speaking order in two months in accordance with law and the policy formulated in the Office Order dated 28 March 2016, the Chief Executive Officer has not decided the representation till date.
It transpires from the records that a lease deed was executed in favour of the petitioner in 2015 in regard to Plot No.SC-1, Sports City Tech. Zone-IV, Greater Noida measuring 5,26,540 sq. mtrs. However, farmers had resorted to agitation on the Project Site and the work was forcefully stopped. It is stated that Noida had framed a 'Zero Period' Policy dated 28 March 2016 and to claim the benefit, the petitioners had earlier filed Writ Petition No.23240 of 2017 which, as noticed above, was disposed of on 24 May 2017.
The contention of learned counsel for the petitioner is that the petitioners could not and even now cannot carry out the development work at the site because of the agitation of the farmers and the filing of certain writ petitions relating to a portion of land that was leased out to the petitioners.
Learned Standing Counsel appears for respondent nos.1 and 4. Sri B.B. Jauhari appears for respondent nos. 2 and 3.
Sri B.B. Jauhari, learned counsel appearing for Noida states that the representation filed by the petitioners shall be decided expeditiously.
Taking into consideration the submissions advanced by learned counsel for the parties and the fact that even earlier a direction had been issued by a Division Bench of this Court to decide the representation, we consider it appropriate to direct that the representation filed by the petitioners before the Chief Executive Officer of Greater Noida for granting benefit of the Office Order dated 28 March 2016 should be decided at the earliest.
This petition is, accordingly, disposed of with a direction to the Chief Executive Officer of Greater Noida to take a decision on the representation filed by the petitioners by a reasoned and speaking order in the light of the Office Order dated 28 March 2016 within a period of three weeks from today. Till a decision is taken by the Chief Executive Officer, no coercive steps shall be taken against the petitioners.
Order Date :- 30.3.2018 sfa/ (Dilip Gupta, J) (Jayant Banerji, J)