Court No. - 39
Case :- WRIT - C No. - 14515 of 2019 Petitioner :- Raj Kishori Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Pramod Kumar Srivastava,Ram Narayan Dwivedi Counsel for Respondent :- C.S.C.,Suresh Singh Hon'ble B. Amit Sthalekar,J. Hon'ble Piyush Agrawal,J.
Heard Shri Pramod Kumar Srivastava, learned counsel for the petitioner, learned standing counsel for the State - respondents and Shri Suresh Singh, for respondent no. 4.
The petitioner, in this writ petition, is seeking quashing of the order dated 10.11.2017; whereby, the claim of the petitioner for additional compensation/no litigation incentive has been rejected.
A preliminary objection has been raised by Shri Suresh Singh, learned counsel for respondent no. 4, that the writ petition is barred by laches as the order under challenge is of 20.11.2017.
Learned counsel for the petitioner, on the other hand, submits that against this order, the petitioner had directly approached Supreme Court through Writ Petition (Civil) No. 148 of 2019, Raj Kishori Vs. State of U.P. & Others, and her SLP was dismissed on 15.02.2019 (Annexure No. 14 to the writ petition) with liberty to the petitioner to take appropriate remedy.
It is not disputed that against the impugned order, the petitioner has a remedy under section 41(3) of the U.P. Urban Planning & Development Act, 1973, which has been adopted under section 12 of the U.P. Industrial Area Development Act, 1976.
We, therefore, dismiss this writ petition with liberty to the petitioner to avail her remedy under section 41(2) of the Act of 1973.
Order Date :- 26.4.2019 Amit Mishra