Civil Misc. Withdrawal Application filed to withdraw a writ petition seeking refund of lease rent, interest, and other relief from NOIDA Authority. The court allowed the withdrawal application, dismissing the writ petition accordingly.
Writ petition dismissed as withdrawn; withdrawal application allowed.
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Court No. - 39
Case :- WRIT - C No. - 2565 of 2019
Petitioner :- M/S Ose Infrastructure Limited Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Anil Kumar Bajpai Counsel for Respondent :- C.S.C.,Kaushalendra Nath Singh,Shivam Yadav
Hon'ble B. Amit Sthalekar,J. Hon'ble Piyush Agrawal,J.
Civil Misc. Withdrawal Application No.2 of 2019 dated 01.04.2019 supported by an affidavit is taken up.
Prayer in the writ petition reads as under:
a) Issue a writ, order or direction in the nature of mandamus directing the respondents to refund all these amount paid from 26.09.2006 to 25.11.2011 i.e Lease Rent of Rs.6,20,01,492.00 (Rupees Six Crore, Twenty Lakh, One Thousand Four Hundred Ninety Two only) plus interest thereon of Rs.17,29,978.00 (Rupees Seventeen Lakh Twenty Nine Thousand nine Hundred Seventy Eight only) total amounting to Rs.6,37,31,470.00 (Rupees Six Crore, Thirty Seven Lakh, Thirty One Thousand Four Hundred and Seventy only);
b) Issue a writ, order or direction in the nature of mandamus directing the respondents to refund the amount of yearly increase in Lease Rent of Rs.1,50,81,444.00 (Rupees One Crore Fifty Lakhs Eighty One Thousand Four Hundred Forty Four only) plus interest thereon of Rs.11,90,831 (Rupees Eleven Lakh Ninety Thousand Eight Hundred Thirty One only) for the year 26.09.2016 to 26.09.2019 total amount to Rs.1,62,72,275.00 (Rupees One Crore Sixty Two Lakhs Seventy Two Thousand Two Hundred Seventy Five only);
c) Issue a writ, order or direction in the nature of mandamus directing the respondents to refund the amount of interest already paid by the petitioner towards Land Premium of Rs.1,07,74,867.00 (One Crore Seven Lakh Seventy Four Thousand Eight Hundred Sixty Seven only) for the period from 22.05.2006 to 26.09.2006;
d) Issue a writ, order or direction in the nature of mandamus directing the respondents to exclude the 'Zero Period' as granted by the NOIDA authority vide its order dated 12.02.2018 i.e. from 26.09.2006 to 25.11.2011 computing ten years from the date of execution of lease deed dated 26.09.2006 and therefore, ten years will be completed after excluding the aforesaid 'Zero Period' in 2021 i.e. 25.11.2021;
e) Issue a writ, order or direction in the nature of mandamus commanding upon the respondents to permit the petitioner to sell/transfer the residential, commercial and institutional FAR up to 25% of total FAR without any restriction.
f) Extension to the payment of stamp duty for five years must be allowed without payment of any interest for the period upto 12.02.2018 which is the date of settlement letter received from Authority and the petitioner is ready to submit the bank guarantee with interest for a period of five years;
g) Issue any other suitable writ order or direction, as this Hon'ble Court may dee fit and proper in the circumstances of the case;
h) Award cost of this petition to the petitioner."
This withdrawal application has been filed by the petitioner/applicant with the prayer to dismiss the writ petition as withdrawn.
The application is allowed.
The writ petition is dismissed as withdrawn.
Interim order, if any, stands vacated.
Order Date :- 16.4.2019 N Tiwari
M/S Ose Infrastructure Limited
State Of U.P.
3 Others
B. Amit Sthalekar
Piyush Agrawal
As recorded by the court registry
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