Court No. - 40
Case :- WRIT - C No. - 19588 of 2021 Petitioner :- M/S Mmr Saha Infrastructure Pvt. Limited Respondent :- Union Of India And 2 Others Counsel for Petitioner :- Manu Khare Counsel for Respondent :- A.S.G.I.,C.S.C.,Kaushalendra Nath Singh Hon'ble Manoj Misra,J. Hon'ble Jayant Banerji,J.
Heard Sri Manu Khare for the petitioner; Sri Saurabh, holding brief of Sri Saumitra, for the respondent no.1; learned Standing Counsel for the respondent no.2; and Sri Kaushlendra Nath Singh for the respondent no.3.
The petitioner's representation for according the benefit of zero- period waivers in computing the amount payable by the petitioner to the third respondent was rejected by the third respondent by order dated 10.12.2020 against which the petitioner filed a revision before the State Government by taking recourse to the provisions of Section 41(3) of the U.P. Urban Planning and Development Act read with Section 12 of the Industrial Areas Development Act, 1976.
Initially, the matter was heard and, by order dated 19th March, 2021, the State Government instructed the Chief Executive Officer, NOIDA, Gautam Budh Nagar as well as the District Magistrate, Gautam Budh Nagar to suspend the recovery proceeding upto the next date i.e. 05.04.2021. Thereafter, on 05.04.2021, the matter was heard again through video conferencing.
It is the case of the petitioner that on 05.04.2021, the matter was heard finally but, till date, no orders have been passed by the State Government and no instructions have been provided by the State Government either to the Nodia authority or the District Administration in respect of the impending recovery, as a result whereof, on 08.07.2021, Noida issued a notice requiring the petitioner to make deposit of the entire demanded amount within two months. Aggrieved with the notice dated 08.07.2021, this petition has been filed.
The case of the petitioner is that since the revision of the petitioner has been entertained by the State and the State, initially, passed an interim order on 19th March, 2021, it would be appropriate that the interim order continues till disposal of the revision and since revision has not yet been decided, there is no justification for Noida to raise a demand pending disposal of the revision.
Learned Standing Counsel prayed for opportunity to seek instructions with regard to the pendency of the revision filed by the petitioner. However, Sri Kaushlendra Nath Singh, who appears for the respondent no.3, submitted that, according to his instructions, though the matter has been heard finally at the level of the State Government but no order has yet been passed.
Considering the nature of the order that we propose to pass, keeping the matter pending would serve no useful purpose. We, therefore, deem it appropriate to dispose off this petition by giving liberty to the petitioner to move an application before the State Government either to decide the revision preferred by the petitioner or to extend the interim order passed earlier by it on 19th March, 2021. If any such application is submitted by the petitioner, within a period of 14 days from today, the State Government shall either take a decision on the request for stay of the recovery proceedings or may pass a final order within next four weeks. For a period of six weeks from today or till decision is taken on the application of the petitioner, whichever is earlier, no coercive steps shall be taken against the petitioner pursuant to the demand notice dated 08.07.2021.
The petition stands disposed off.
It is made clear that we have not expressed any opinion on the merits of the claim of the petitioner.
Order Date :- 20.9.2021 AKShukla/-