Disposed

M/S Jnc Constructions Pvt. Ltd. v. State of U.P. and 2 Others

Allahabad HC3 May 2018WRIC/14924/2018

Case brief

AI extract

What is this about?

Petitioner withdrew writ petition, seeking liberty to file a revision regarding additional charges and compensation. Court granted liberty to file revision under specific Acts with interim relief possibility while emphasizing merits to be decided separately.

What did the court decide?

Liberty to file revision application within two weeks and apply for interim relief; revisional authority directed to consider same within 12 weeks.

M/S Jnc Constructions Pvt. Ltd. Vs State of… — Civil Procedure and Limitation | Allahabad HC (2018)

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Court No. - 32

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Case :- WRIT - C No. - 14924 of 2018 Petitioner :- M/S Jnc Constructions Pvt. 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 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

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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 application, as expeditiously as 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 heard to the respondent Development Authority also.

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Order Date :- 3.5.2018

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MLK

M/S Jnc Constructions Pvt. Ltd. v. State of U.P. and 2 Others

Case brief

What is this about?

What did the court decide?

M/S Jnc Constructions Pvt. 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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