DIGAMBER JAIN SOCIETY FOR CHILD WELFARE Vs. STATE OF U.P.
LAWS(ALL)-2014-5-109
HIGH COURT OF ALLAHABAD
Decided on May 30,2014

Digamber Jain Society For Child Welfare Appellant
VERSUS
STATE OF U.P. Respondents

JUDGEMENT

- (1.) By this writ petition, the petitioners have prayed for an order of certiorari calling for the records of the case and quashing the order dated 4.12.2006 issued by the respondent no. 3 (Annexure No. 30 to the writ petition).
(2.) After hearing learned counsel for the parties, following order was passed by this Court on 16.1.2009:- "The supplementary counter affidavit be kept on record. It appears, not only from the writ petition and affidavits, but also from the supplementary affidavit as well as from the second supplementary affidavit, filed therein, that now the Authority is in possession of the land, and therefore, there cannot be objection on their part to hand over the possession to the petitioner after executing the lease deed. Therefore, for the purpose of completion of execution and registration of the lease deed, a time bound programme has been fixed by the Court. The same has to be done within a period of two weeks from the communication of the same. Further, within a week the petitioner will supply the appropriate stamp papers etc. to complete the formalities so that it can be executed by the Authority within a period of seven days thereafter. But, under no circumstance, there should be delay in executing the same. In view of the aforesaid circumstances and all other circumstances, impugned order is quashed. The writ petition is disposed of without imposing any cost."
(3.) Feeling aggrieved by the aforesaid order, the Secretary, Greater NOIDA Industrial Development Authority preferred Civil Appeal No. 7908 of 2013 @ SLP (C)No. 9434 of 2010 before the Hon'ble Apex Court in which the order dated 16.12.2009 passed by this Court was set aside and the matter was to be decided afresh.;


Click here to view full judgement.
Copyright © Regent Computronics Pvt.Ltd.