M/S Aura Infrastructures Private Limited Vs State of U.P. and 5 Others — Allahabad HC (2022) — LawSathi Research

M/S Aura Infrastructures Private Limited Vs State of U.P. and 5 Others — Allahabad HC (2022) — LawSathi Research

What the court decided

AI extract

Outcome

Direction to the Competent Authority, GDA to pass a speaking order on the petitioner's objection dated 15.12.2022 within four weeks, and an interim direction not to take any coercive action on the basis of the impugned notice dated 03.12.2022.

Issue for consideration

Whether the impugned demand notice dated 03.12.2022 raising Rs.6,57,75,000/- is illegal and arbitrary, given the petitioner's claim that it had already deposited amounts in excess of its liability under the group housing plan sanctioned on 21.02.2007. +1 more

Ratio / Principle

The Competent Authority, GDA is directed to pass a speaking order on the petitioner's objection dated 15.12.2022 within a period of four weeks.

Key takeaways

In the meantime, the Competent Authority, GDA is directed not to take any coercive action on the basis of the impugned notice.ratio¶11

Detailed headnote1 paragraphs

Writ petition (WRIT - C No. 39584 of 2022), High Court of Judicature at Allahabad (Manoj Kumar Gupta and Jayant Banerji, JJ.), decided 23.12.2022. M/s Aura Infrastructures Private Limited challenged a notice dated 03.12.2022 issued by the respondent-Development Authority (GDA) raising a demand of Rs.6,57,75,000/- as due against a group housing plan sanctioned on 21.02.2007, under which the petitioner was required to deposit Rs.7,21,23,716/- under different heads including external development charge. The petitioner contended it had deposited Rs.11,51,746.19, in excess of liability, making the demand illegal and arbitrary, and had filed an objection dated 15.12.2022 with a Chartered Accountant's calculation chart which the Authority was proceeding to ignore. Counsel for GDA stated the objection would be considered before further action. With consent, the petition was disposed of finally without a counter affidavit: the Competent Authority, GDA was directed to pass a speaking order on the objection within four weeks and, in the meantime, not to take any coercive action on the basis of the impugned notice.

Court No. - 21

Case :- WRIT - C No. - 39584 of 2022

Petitioner :- M/S Aura Infrastructures Private Limited Respondent :- State Of U.P. And 5 Others Counsel for Petitioner :- Anil Kumar Mehrotra,Srijan Mehrotra

Counsel for Respondent :- C.S.C.,Ravi Prakash Pandey

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

Hear Shri A.K. Mehrotra for the petitioner, learned Standing Counsel for the State-respondents and Ms. Kriti Gupta holding brief of Shri Rohan Gupta for respondent nos.2 to 6. With their consent, the petition is being disposed of finally without inviting a formal counter affidavit.

The petitioner is aggrieved by notice dated 03.12.2022 whereby the respondent-Development Authority has raised demand of Rs.6,57,75,000/- from the petitioner as amount due against the sanction of a group housing plan.

The case of the petitioner is that the group housing plan was sanctioned by order dated 21.02.2007 whereunder the petitioner was required to deposit a total sum of Rs.7,21,23,716/- under different heads including external development charge. According to the petitioner, it had deposited a total sum of Rs.11,51,746.19 so far, which is in excess of liability. Consequently, the impugned demand is illegal and arbitrary.

Learned counsel for the petitioner submits that the petitioner has filed its objection against the impugned notice on 15.12.2022 annexing therewith a calculation chart prepared by the Chartered Accountant. However, without considering the same, the respondent-Development Authority is proceeding to recover the balance amount.

Learned counsel appearing on behalf of GDA very fairly states that the objection filed by the petitioner-company will be considered and decided before taking any further action in the matter.

Accordingly, the petition is disposed of with direction to the Competent Authority, GDA to pass a speaking order on the objection of the petitioner dated 15.12.2022 within a period of four weeks from today and in the meantime not to take any coercive action on basis of the impugned notice.

Order Date :- 23.12.2022 SK

Digitally signed by :- SUSHEEL KUMAR High Court of Judicature at Allahabad