Court No. - 39
Case :- WRIT - C No. - 14817 of 2019 Petitioner :- M/S Shipra Estate Limited Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Mohammad Ali Ausaf Counsel for Respondent :- C.S.C.,Mahesh Narain Singh
Hon'ble B. Amit Sthalekar,J. Hon'ble Piyush Agrawal,J.
Heard Mohammad Ali Ausaf, learned counsel for the petitioner, learned Standing Counsel for respondent no. 1 and Sri Mahesh Narain Singh, learned counsel for respondents no. 2 & 3.
The petitioner in the writ petition is seeking a direction to the respondent no. 2, Vice Chairman, Ghaziabad Development Authority to take action in compliance of the directions of an order of the State Government dated 28.09.2018 and 12.02.2019 for sanction and release of the revised map. It is stated that the petitioner is a Real Estate Developer and entered into an agreement with the Ghaziabad Development Authority on 08.01.2001 for development of plot no. 10 having an area 5,51,140.93 sq. meter situated at Indirapuram, Ghaziabad. It is also stated that the petitioner's company submitted its map for sanction and release but the FAR was enhanced upto 2.5 being chargeable and therefore, it revised the map in 2012 with no objection certificate of the residents as per the Apartment Act, 2010. The petitioner is stated to have filed its application with revised map to the Vice Chairman, Ghaziabad Development Authority on 14.5.2018 under receiving of the same date, annexure-9 to the writ petition.
No useful purpose would be served by keeping this writ petition pending.
We, therefore, dispose of the writ petition with a direction to the respondent no. 2, Vice Chairman, Ghaziabad Development Authority to consider and decide the petitioner's application dated 14.5.2018 in accordance with law within a period of three months from the receipt of a certified copy of the order in his office.
It is made clear that the Court has not adjudicated the claim of the petitioner on merit.
Order Date :- 29.4.2019 nd