Court No. - 21
Case :- WRIT - C No. - 18966 of 2019 Petitioner :- Uppals IT Projects Private Limited Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Manu Khare Counsel for Respondent :- C.S.C.,Anjali Upadhya
Hon'ble Pradeep Kumar Singh Baghel,J. Hon'ble Rohit Ranjan Agarwal,J.
The petitioner has instituted this writ proceeding amongst other for the following reliefs:
"I. issue an appropriate writ, order or direction quashing the impugned demand letter/ notice dated 19.07.2017 and all subsequent and consequential demands in respect of payment of additional compensation to tenure holders, issued by the Respondent No.2 (Annexure-1 to the writ petition);
II. issue an appropriate writ, order or direction quashing the impugned Minutes of the 91st Board Meeting of Respondent No.2 to the extent it pertains to rate and imposition of liability on the allottees towards recovery of additional compensation (Annexure-2 to the writ petition);
III. issue an appropriate writ, order or direction in the nature of mandamus commanding and directing the Respondent No. 2 waive off the additional compensation amount and the extension charges."
We have heard Sri Navin Sinha, learned Senior Advocate assisted by Sri Manu Khare and Ms. Niti Paul, learned counsel for the petitioner, learned Standing Counsel for the State and Sri B.B. Jauhari, learned Advocate who has filed his memo of appearance on behalf of respondent nos. 2, 3, 4 & 5.
We are apprised at the Bar that in a matter on similar facts and circumstances i.e. Writ-C No. 42238 of 2018 (M/s Himalaya Realestate Pvt Ltd v. State of U.P. & others), this Court has passed an order on 18.12.2018, relevant part of which reads as under:
"Taking into consideration the facts and circumstances of the case, we are of the view that the petitioner can raise the issue before the State Government under sub-section (3) of Section 41 of the Uttar Pradesh Urban Planning and Development Act, 1973 read with Section 12 of the U.P. Industrial Area Development Act, 1976. Accordingly, we dispose of this writ petition with liberty to the petitioner to approach the State Government under the aforesaid provisions. In case the petitioner files a revision within three weeks, the same shall be considered by the State Government on merit expeditiously, preferably within three months from the date of filing of the revision, and shall not be rejected on the ground of limitation. We also permit the petitioner to move an application in the revision for interim protection. Till the said application is decided, no coercive action shall be taken against the petitioner. We make it clear that if the revision is not filed within three weeks, the interim protection granted by this Court shall automatically stand vacated."
Learned Senior Advocate urged that in the aforesaid case, period granted for filing revision was three weeks. He seeks indulgence of this Court to enlarge that period up to four weeks.
The prayer for extension of time period is allowed. The benefit of the order dated 18.12.2018 passed in M/s Himalaya Realestate Pvt Ltd (supra), extracted hereinabove, is extended to the petitioner herein also with the above modification in regard to time period for filing revision.
The writ petition stands disposed of accordingly. There shall be no order as to costs.
Order Date :- 29.5.2019 Digamber