Dismissed

Sunworld City Pvt. Ltd. v. State of U.P. and 3 Others

Allahabad HC6 Dec 2017WRIC/12208/2015

Case brief

AI extract

What is this about?

The Court dismissed a writ petition filed to quash an order imposing additional land compensation. The Court held that the dispute arises from a contract and an appropriate alternative remedy exists under the Arbitration and Conciliation Act, 1996, barring writ intervention.

What did the court decide?

The writ petition was dismissed on the ground of alternative remedy.

Sunworld City Pvt. Ltd. Vs State of U.P. and 3 Others — Land Acquisition | Allahabad HC (2017)

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Court No. - 34

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Case :- WRIT - C No. - 12208 of 2015 Petitioner :- Sunworld City Pvt. Ltd. Respondent :- State Of U.P. & 3 Others Counsel for Petitioner :- Manu Khare Counsel for Respondent :- C.S.C.,C.B.Yadav,Suresh Singh

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Hon'ble Sudhir Agarwal,J. Hon'ble Ajit Kumar,J.

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Heard Sri Manu Khare, learned counsel for the petitioner and learned Standing Counsel for State respondents.

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In the instant writ petition, petitioner has prayed relief in the nature of certiorari quashing order dated 01.12.2014 whereby respondents have raised demand of Rs.71,63,19,000/- as additional compensation for land acquired under Land Acquisition Act, 1894 (hereinafter referred to as "Act, 1894") . It appears that on account of some judicial pronouncements compensation awarded to tenure-holders was raised and respondent authorities were directed to make payment of additional compensation in terms of such judicial pronouncements. However, we find that there is a contract between respondent authorities and present petitioner for allotment of residential township in plots/sector TS-07/22D area 404700 square meter under a scheme launched by Yamuna Express Way Industrial Development Authority (hereinafter referred to as "YEWIDA") . Subsequently, in view of judicial pronouncements enhancing compensation in 51th meeting of the Board of YEWIDA a decision was taken for recovery of additional compensation at the rate of 1770 per square meter and pursuant thereto petitioner was saddled with additional liability of payment of Rs.71,63,19,000/- as compensation. It is this order which has been impugned in this writ petition.

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Present demand is within the realm of contract within

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petitioner and respondents authorities for which appropriate remedy would be either to seek shelter of arbitration under Arbitration and Conciliation Act, 1996 (hereinafter referred to as "Act, 1996") or remedy available in common law.

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Writ petition is dismissed on the ground of alternative remedy.

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Order Date :- 6.12.2017 S. Thakur

Sunworld City Pvt. Ltd. v. State of U.P. and 3 Others

Case brief

What is this about?

What did the court decide?

Sunworld City Pvt. Ltd. v. State of U.P. and 3 Others

Case brief

What is this about?

What did the court decide?

What the court decided

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