M/S Gayatri Hospitality and Realcon Ltd. Thru. Auth. Signatory Sri Suraj Mishra vs State of U.P.Thru.Addl.Chief Secy.Deptt.of Infrastructure and Industrail Development,Lko.and 2 Ors. — Allahabad HC (2026) — LawSathi Research

M/S Gayatri Hospitality and Realcon Ltd. Thru. Auth. Signatory Sri Suraj Mishra vs State of U.P.Thru.Addl.Chief Secy.Deptt.of Infrastructure and Industrail Development,Lko.and 2 Ors. — Allahabad HC (2026) — LawSathi Research

What the court decided

AI extract

Outcome

Interim directions only: (i) one week's time to respondent No.3 (GNIDA) to seek instructions/file a short counter affidavit indicating petitioner's entitlement; (ii) case to be listed on 12.05.2026 amongst top ten cases; (iii) no coercive action against the petitioner till the next date of listing

Issue for consideration

Whether the petitioner is entitled to the benefits in light of the revisional order dated 02.08.2023 passed by the State Government and the subsequent Government Order dated 21.12.2023, both stated to be binding upon GNIDA — respondent No.3 directed to indicate entitlement in a short counter affidavit

Ratio / Principle

Interim protection directed: considering the State Government intervention in petitioner's favour and petitioner's willingness to comply with the revisional order dated 02.08.2023, no coercive action shall be taken against the petitioner till the next date of listing

Key takeaways

Respondent No.3 (GNIDA) granted one week's time to seek instructions/file a short counter affidavit specifically indicating whether the petitioner is entitled to the aforesaid benefits in light of the revisional order dated 02.08.2023 and the Government Order dated 21.12.2023, both stated to be binding upon GNIDAratio¶16

Detailed headnote1 paragraphs

Allahabad High Court (Lucknow Bench), Court No. 5; Writ - C No. 4159 of 2026; Alok Mathur and Amitabh Kumar Rai, JJ.; decision April 28, 2026 — interim order. Builder (M/s Gayatri Hospitality And Realcon Ltd.) allotted land by respondent No.3 GNIDA in 2011; physical possession handed over only on 01.09.2017; petitioner sought 'zero period' benefit for the delay; claim allowed by State Government revisional order dated 02.08.2023; Government Order dated 21.12.2023 extended similar Covid-period benefits, stipulating that persons already granted zero period benefit on other grounds are entitled under it. GNIDA's review against the revisional order was withdrawn, but a demand order dated 24.02.2024, said to be issued without extending these benefits, is challenged in this writ petition. GNIDA given one week to file a short counter affidavit indicating petitioner's entitlement under the revisional order and the G.O., both stated to bind GNIDA; case listed amongst top ten cases on 12.05.2026; no coercive action against petitioner till next date of listing.

HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW

WRIT - C No. - 4159 of 2026

M/S Gayatri Hospitality And Realcon Ltd. Thru. Auth. Signatory Sri Suraj Mishra

.....Petitioner(s)

Versus

State Of U.P.Thru.Addl.Chief Secy.Deptt.Of Infrastructure And Industrail Development,Lko.And 2 Ors.

Development,Lko.And 2 Ors. .....Respondent(s) Counsel for Petitioner(s) : Apoorva Tewari, Shubham Pathak Counsel for Respondent(s) : C.S.C., Sachin Upadhyay

Court No. - 5

HON'BLE ALOK MATHUR, J. HON'BLE AMITABH KUMAR RAI, J.

1. Heard Shri Apoorva Tewari, learned counsel for the petitioner, Shri Sachin Upadhyay, learned counsel appearing on behalf of respondent No.3Greater Noida Industrial Development Authority (GNIDA) and learned Standing Counsel representing the State-respondent Nos.1 and 2.

2. It has been submitted on behalf of the petitioner that the petitioner is a builder who was allotted land for development by respondent No.3. It is submitted that although the allotment was made in favour of the petitioner in the year 2011, actual physical possession of the disputed land was not handed over to the petitioner until 01.09.2017. On account of the said delay, the petitioner could not undertake development work on the allotted land and consequently raised a dispute before the State Government grant of the benefit of the "zero period" for the duration during which actual physical possession of the plot was not handed over to the petitioner.

3. It has been further submitted that the claim of the petitioner was allowed by the State Government while deciding the revision petition vide order dated 02.08.2023. It is also submitted that a Government Order dated 21.12.2023 was issued extending similar benefits for the Covid period and that the said Government Order also stipulates that persons who had already been granted the benefit of zero period on the other grounds would be entitled to the benefit under the said Government Order.

WRIC No. 4159 of 2026

2

4. It is further submitted that though a review application was filed by the GNIDA against the revisional order dated 02.08.2023, the same has been withdrawn. However, by means of the present writ petition, the petitioner has challenged the demand order dated 24.02.2024 on the ground that the benefits already granted to him under the revisional order of the State Government as well as under the Government Order dated 21.12.2023, have not been extended.

5. Learned counsel for the respondent No.3 prays for and is granted one week's time to seek instructions/file a short counter affidavit, specifically indicating whether the petitioner is entitled to the aforesaid benefits in light of the revisional order dated 02.08.2023 passed by the State Government as well as the subsequent Government Order dated 21.12.2023, both of which are stated to be binding upon the GNIDA.

6. List this case on 12.05.2026 amongst top ten cases.

7. Considering that interference has been shown by the State Government in favour of the petitioner and the petitioner is anyway ready and willing to comply with the revisional order dated 02.08.2023 passed by the State Goverment, no coercive action shall be taken against the petitioner till the next date of listing.

(Amitabh Kumar Rai,J.) (Alok Mathur,J.)

April 28, 2026 Shubhankar

Digitally signed by :- SHUBHANKAR THAKUR High Court of Judicature at Allahabad, Lucknow Bench