ANIL ANAND AND ANR Vs. STATE OF U P AND 2 ORS
LAWS(ALL)-2016-5-522
HIGH COURT OF ALLAHABAD
Decided on May 11,2016

Anil Anand And Anr Appellant
VERSUS
State Of U P And 2 Ors Respondents

JUDGEMENT

- (1.) Issue notice to the third respondent.
(2.) The subject matter of the public interest litigation is the allotment of land (GH 1, admeasuring 2094.50 sq. mtrs.) in the Kaushambi Housing Scheme at Ghaziabad to the third respondent. The land was originally reserved for a public utility purpose for setting up of a post office and an electricity sub station. The land use was changed by a resolution of Ghaziabad Development Authority dated 30 January 2014 to residential use. Thereafter, according to the petitioners, objections were invited by GDA. A tender was issued in which the land has been allotted to the third respondent. As regards the third respondent, it has been stated that the Company was incorporated on 11 March 2014 with a paid up capital of Rs.1 lac contributed by two promoter directors. The net worth of the Company as disclosed in the financial statement ending on 31 March 2015 with the Ministry of Company Affairs was Rs.43,700/- and the Company did not have any fixed assets, machinery or equipment. The third respondent had bid for the allotment of the plot admeasuring 2094.50 sq. mtrs. of which the reserved price was fixed at Rs.19.35 crores and the earnest money was to the tune of Rs.1.96 crores. The third respondent was required to deposit 25% of the bid amount (Rs.4.89 crores) within thirty days. The tender committee is stated to have considered the technical bid on 14 May 2015 which was affirmed by the Vice Chairperson on the same day.
(3.) As regards the promoters of the Company, it has been stated in paragraph 54 of the writ petition that Sri Shubham Goel is the son of Sri Pankaj Goel, who is a Junior Engineer working with GDA since 1986. His brother Sri Neeraj Goel is stated to have been a Junior Engineer in GDA and resigned the previous year to become a Director of the Company with effect from 30 September 2015 after the land allotment was confirmed.;


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