Court No. - 21
Case :- WRIT - C No. - 2691 of 2019 Petitioner :- M/S IITL- Nimbus The Palm Village (SPF) Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Santosh Kumar Singh Counsel for Respondent :- C.S.C.,Aditya Bhushan Singhal
Hon'ble Pradeep Kumar Singh Baghel,J. Hon'ble Pankaj Bhatia,J.
The petitioner has preferred this writ petition for the following relief:-
"(i) issue a writ, order or direction in the nature of certiorari calling for the records of the case and quashing the impugned office-order dated 06.12.2018 (Annexure no. 1 to this writ petition) issued by the respondent no. 3 to the extent it imposes the condition of depositing 15% of the total defaulted amount by the allottees like petitioner for availing the benefit of Re- schedulement Scheme of the respondent Development Authority."
We have heard learned counsel for the petitioner, learned Standing Counsel for the first respondent and Sri A.B. Singhal, learned Advocate, who has accepted notice and put in appearance for the second to fourth respondents.
Out attention has been invited to an order dated 06th September, 2018 passed by this Court in Writ-C No. 29710 of 2018, M/S J.K.G. Construction Pvt. Ltd. v. State of U.P. and others, in respect of the similarly placed petitioners. The relevant portion of the order reads as under:
"Admittedly, the petitioner has remedy of approaching the State Government under section 41(3) of the U.P. Urban Planning and Development Act, 1973 read with section 12 of the U.P. Industrial Area Development Act, 1976.
We are accordingly not inclined to entertain this petition against the order passed by the Greater Noida Industrial Development Authority, which is impugned in the present petition.
However, we dispose of this petition with liberty to the petitioner to move an appropriate representation before the State Government under the aforesaid provisions alongwith an application for interim relief, as may be advised, and also accompanying a certified copy of this order. In case such representation / application are filed, the State Government (respondent no.1) will proceed to decide the interim application, if any, within a period of 10 days from the date of its filing and further proceed to decide the main representation within a period of two months from the date of production of the representation alongwith a certified copy of this order, strictly in accordance to law, after affording due opportunity, as may be admissible under law, to the concerned stake holders.
For a period of three weeks or till disposal of the interim relief application, whichever is earlier, no coercive measure be taken against the petitioner, pursuant to the impugned order."
Learned counsel for all the parties are agreed that this writ petition be also disposed of in the same terms as in the above quoted order.
In view of the above, this writ petition is disposed of in the same terms as in M/S J.K.G. Construction Pvt. Ltd. (supra), quoted above.
No order as to costs.
Order Date :- 24.1.2019 SKT/-