Disposed

M/S Pigeon Buildhome Private Ltd. v. State of U.P. and 2 Others

Allahabad HC3 May 2018WRIC/14914/2018

Case brief

AI extract

What is this about?

The court dismissed the writ petition not pressed, granting liberty to the petitioner to file a revision under UP Urban Planning and Development Act Section 41 and UP Industrial Area Development Act Section 12 regarding additional compensation to farmers, directing the revisional authority to decide the matter expeditiously.

What did the court decide?

Liberty granted to file a revision application under Section 41(3) of UP Urban Planning and Development Act, 1973 read with Section 12 of UP Industrial Area Development Act, 1976 within two weeks.

M/S Pigeon Buildhome Private Ltd. Vs State of U.P… — Service and Employment | Allahabad HC (2018)

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Court No. - 32

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Case :- WRIT - C No. - 14914 of 2018

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Petitioner :- M/S Pigeon Buildhome Private Ltd. Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Sanjay Kumar Mishra Counsel for Respondent :- C.S.C.,Anjali Upadhya

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Hon'ble Shashi Kant Gupta,J. Hon'ble Bachchoo Lal,J.

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Heard Mr. S. K.Mishra, learned counsel for the petitioner, Mr. Rishi Bhushan Jauhari holding the brief of Mr. B.B. Jauhari, learned counsel for the respondents no. 2 and 3 and Standing Counsel for the State- respondent.

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Learned counsel for the petitioner, after arguing the matter for sometimes, made a prayer that this writ petition may be dismissed as not pressed giving liberty to the petitioner to avail a remedy of revision under sub-section (3) of Section 41 of the Uttar Pradesh Urban Planning and Development Act, 1973 read with Section 12 of the Uttar Pradesh Industrial Area Development Act, 1976, against the additional/enhanced amount being charged from him in view of the additional compensation payable to farmers in terms of the judgment of this Court in Gajraj & Ors. Vs. State of U.P. & Ors., [2011 (11) ADJ 1 (FB)] with a direction to the revisional authority

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to consider revision application within time frame, allowing the petitioner to raise all contentions, as raised in the present writ petition. Learned counsel appearing for the State as well as the Greater Noida Authority have made no objection to the prayer so made by the learned counsel for the petitioner.

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In view of the above , we dispose of the present writ petition with a liberty to the petitioner to file revision application under subsection (3) of Section 41 of the Uttar Pradesh Urban Planning and Development Act, 1973 read with Section 12 of the Uttar Pradesh Industrial Area Development Act, 1976 within a period of two weeks from today, along with an application for interim relief. If petitioner files revision application and the application for interim relief, the revisional authority shall consider his application for interim relief within a period of two weeks from the date of filing of the application.

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It is, however, made clear that this Court has not examined merits of the case and the revisional authority may consider and decide the revision as well as application, if any, for interim relief on merits in accordance with law. In any case, we direct the revisional authority to decide revision as as application, expeditiously possible,preferably within a period of 12 weeks from the date of filing of the said revision, on merits in accordance with law.

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It is needless to mention that the revisional authority shall grant an opportunity of being

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heard to the respondent Development Authority also.

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Order Date :- 3.5.2018

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MLK

M/S Pigeon Buildhome Private Ltd. v. State of U.P. and 2 Others

Case brief

What is this about?

What did the court decide?

M/S Pigeon Buildhome Private Ltd. v. State of U.P. and 2 Others

Case brief

What is this about?

What did the court decide?

What the court decided

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