Court No. - 32
Case :- WRIT - C No. - 35014 of 2019 Petitioner :- M/S Shirja Real Estate Solutions Pvt. Ltd, Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Mohit Singh Counsel for Respondent :- C.S.C.,Anjali Upadhya,Bhanu Bhushan Jauhari
Hon'ble Shashi Kant Gupta,J. Hon'ble Piyush Agrawal,J.
Supplementary affidavit filed today is taken on record.
This writ petition has been filed, inter alia, for the following reliefs:-
"(i). Issue an appropriate writ, order or direction in the nature of mandamus directing the respondents to fix net liability on the petitioner as on 8.3.2019 to Rs. 3,69,53,644/-.
(ii) Issue an appropriate writ, order or direction in the nature of Mandamus directing the respondents for reimbursement of excess amounts incurred by the petitioner towards registration/stamp duty on account of decreased area of land in question.
(iii) Issue an appropriate writ, order or direction in the nature of Mandamus directing the respondents to give benefit of 'Zero period' from the date of allotment till the date of actual physical handover of the reduced area of plot i.e. 8.3.2019.
(iv) Issue an appropriate writ, order or direction in the nature of Mandamus directing the respondents that the entire amount deposited in the account of respondents till date and the entire amount of interest earned thereon be adjusted against the original premium of Plot and the balance amount payable be converted into 16 Half Yearly instalments from the date of execution of correction deed and modified payment schedule be issued accordingly.
(v) Issue an appropriate writ, order or direction in the nature of Mandamus directing the respondents to compensate (i) the amount expenditure of Rs. 25,00,000/- incurred by the petitioner for necessary formalities that were fulfilled through consultancy firms for obtaining sanctions (twice) from Fire Fighting Department and environment Department.
(vii) Issue an appropriate writ, order or direction in the nature of Mandamus directing the respondents to execute and bear the expenditure of the correction lease deed in favour of the petitioner.
(viii) Issue an appropriate writ, order or direction in the nature of Mandamus directing the respondents that seven years' time be granted from the date of execution of correction deed.
(ix) Issue an appropriate writ, order or direction in the nature of Mandamus directing the respondents to issue No Dues Certificate and further mortgage permission be provided to the petitioner without the need of entering into an Escrow Agreement as the petitioner is not a defaulter builder."
Heard Sri Shashi Nandan, learned senior counsel assisted by Sri Mohit Singh, learned counsel for the petitioner, learned Sanding Counsel for respondent no. 1 and Sri B.B. Jauhari, learned counsel appearing on behalf of respondent nos. 2, 3 and 4.
Considering the facts and circumstances of the case, without entering into the merits of the case with the consent of the parties, we direct the petitioner to file a comprehensive representation before the Additional Chief Executive Officer, Greater Noida Industrial Development Authority, Greater Noida, District Gautam Budh Nagar (respondent no. 3), ventilating all its grievances and enclosing all the relevant documents in support of its case, within a period of two weeks from today along with certified copy of this order. In case such representation is filed within the time specified, the same shall be considered and decided, after giving opportunity of hearing to the petitioner, by a reasoned and speaking order, preferably within a period of eight weeks thereafter. For a period of three months from today no coercive measure shall be taken against the petitioner. It is open for the petitioner to take all legal grounds which are permissible under law.
With the aforesaid directions, the writ petition stands finally disposed of.
Order Date :- 28.11.2019 samz