Writ petition where petitioner sought direction to issue No Objection Certificate for allotted plots; court disposed of without merits, directing respondent to decide pending representation within one month.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Court No. - 29
Case :- WRIT - C No. - 26116 of 2021
Petitioner :- M/S Mangalmay Foundation Trust Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Shadab Husain,Fuzail Ahmad Ansari,Saumya Anand Dubey Counsel for Respondent :- C.S.C.,Anjali Upadhya,Kaushalendra Nath Singh,Ramendra Pratap Singh
Hon'ble Pritinker Diwaker,J. Hon'ble Ashutosh Srivastava,J.
Sri Saumya Anand Dubey, learned counsel for the petitioner, learned Standing Counsel for State-respondents and Sri Kaushalendra Nath Singh, learned counsel for the contesting-respondent no. 2.
Contention of the petitioner is that the respondent no. 2 has allotted two plots in favour of the petitioner being Plot Nos. 8 and 9 in Sector Knowledge Part-II, situated at Greater Noida Industrial Development Area, District Gautam Buddha Nagar. He submits that both these plots fall in Khasra No. 642 & 643, which belongs to 'Gram Sabha'. Learned counsel submits that on account of non issuance of No Objection Certificate by the authority concerned, the petitioner is unable to run its institutions. He further submits that in this regard he has moved a representation dated 11.08.2021 but the same has not been decided as yet.
Learned counsel for the petitioner submits that purpose of filing this petition would be served if direction is issued to respondent no. 2 to issue NOC to the petitioner.
Learned counsel for Development Authority has no objection to this proposition. He, however, submits that authority concerned would look into the matter and pass appropriate orders in accordance with law.
In this view of the matter, without expressing any opinion on the merits of the case, the writ petition is disposed of directing the respondent no. 2 to look into the matter and pass appropriate order on the pending representation of the petitioner after considering all the aspects of the case preferably within a period of one month from today in accordance with law.
Order Date :- 23.11.2021 SK
M/S Mangalmay Foundation Trust
State Of U.P.
Development Authority
Contesting Respondent No. 2
Pritinker Diwaker
Ashutosh Srivastava
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
