Njd Cosmetics Private Limited v. State of U P and 2 Others

Allahabad HC18 Oct 2022WRIC/31438/2022

Case brief

AI extract

What is this about?

In this writ petition, Njd Cosmetics challenged the cancellation of an industrial plot allotment due to non-payment of amounts. The court directed the respondent authority to consider the petitioner's restoration application and pass a speaking order within three weeks in accordance with the restoration policy and deposited amount.

What did the court decide?

Direction to respondent no. 2 to pass a speaking order on the restoration application within three weeks.

Njd Cosmetics Private Limited Vs State of U P and 2 Others — Land Acquisition | Allahabad HC (2022)

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Court No. - 21

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Case :- WRIT - C No. - 31438 of 2022

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Petitioner :- Njd Cosmetics Private Limited Respondent :- State Of U P And 2 Others Counsel for Petitioner :- Himadari Batra Counsel for Respondent :- C.S.C.

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Hon'ble Manoj Kumar Gupta,J. Hon'ble Jayant Banerji,J.

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The petitioner is a Private Limited Company. It is aggrieved by an order dated 11.3.2022 passed by respondent on.3 cancelling the allotment of an industrial plot. The ground of cancellation is non-payment of the amount payable by the petitioner-Company in terms of the allotment order.

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Learned counsel for the petitioner submits that the petitioner has filed a restoration application on 30.8.2022 praying for restoration of the allotment as per the prevailing restoration policy. It is submitted that since after issuance of notice dated 14.01.2022 raising a demand of thirteen crores and odd, the petitioner-Company had already deposited about seven crores. It is submitted that the repondents be directed to consider the restoration application within a specified time frame.

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Sri Kaushalendra Nath Singh, learned counsel appearing on behalf of Noida Authority points out that the restoration application has been rejected on the ground that the petitioner had failed to deposit the instalments despite repeated notices and the plot in question is now earmarked for e-auction. A communication in this respect dated 7.10.2022 addressed to the petitioner has been placed on record for our perusal. It reveals that the restoration application has been rejected solely on the ground that the instalments payable under the allotment order had not been paid.

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It is not disputed before us that under the restoration policy, in cases where the allotment had been cancelled on account of non-payment of the instalments in terms of the allotment order, the same can be restored if the allottee is willing to pay the restoration charges as well as other amounts as stipulated thereunder. The impugned communication does not reveal that the petitioner was ever communicated of the amount payable by it as per the restoration policy or that it had defaulted in payment of the same.

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We, therefore, find that the restoration application has not been considered at all in accordance with the restoration policy.

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Sri Kaushalendra Nath Singh, learned counsel appearing on behalf of Noida Authority states that respondent no.2 will consider the request for restoration in the light of the restoration policy within three weeks.

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Having regard to the above statement, we dispose of the instant petition with direction to respondent no.2 to pass a speaking order on the restoration application of the petitioner, keeping in mind the restoration policy and the amount deposited by the petitioner-Company so far within three weeks from today and until then, no third party right shall be created in respect of the plot in question.

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(Jayant Banerji, J.) (Manoj Kumar Gupta, J.) Order Date :- 18.10.2022 SL

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Digitally signed by SHYAM LAL Date: 2022.10.18 16:34:42 IST Reason: Location: High Court of Judicature at Allahabad

Njd Cosmetics Private Limited v. State of U P and 2 Others

Case brief

What is this about?

What did the court decide?

Njd Cosmetics Private Limited 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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