Allahabad High Court
M/S Paramount Ashiyana Pvt. Ltd. vs State Of U.P. And 3 Others on 2 August, 2021
Bench: Vivek Kumar Birla
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. - 42
Case :- WRIT - C No. - 13800 of 2021
Petitioner :- M/S Paramount Ashiyana Pvt. Ltd.
Respondent :- State Of U.P. And 3 Others
Counsel for Petitioner :- Vivek Saran
Counsel for Respondent :- C.S.C.,Kuldeep Singh Chauhan
Hon'ble Vivek Kumar Birla,J.
Heard learned counsel for the petitioner and Sri Kuldeep Singh Chauhan, learned counsel appearing for the respondent nos. 3 and 4, Development Authority and learned Standing Counsel appearing for the respondent nos. 1 and 2.
Present writ petition has been filed with the following prayer:
"(i)Issue a writ, order or direction in the nature of certiorari quashing the order dated 01.02.2021 passed by the respondent no. 2 in Case No. 00072/2020 / Appeal No. 13 of 2020 (Computer Case No. C202011000000072 of 2020) (Annexure No. 12);
(ii) Issue a writ, order or direction in the nature of certiorari quashing the order dated 09.12.2019 passed by the respondent no. 4 insofar as it relates to charging of Rs. 94,42,000/- towards Green Fee as a condition for compounding is concerned. (Annexure No. 8)."
At the very outset, learned counsel for the petitioner could not dispute that the present writ petition is squarely covered by the order of this Court dated 20.7.2021 passed in Writ C No. 12598 of 2021, Nikhil Gupta vs. State of U.P. And 4 Others hence, the present writ petition is being decided in the same terms.
The order dated 20.7.2021 is quoted as under:-
"Heard Sri Pankaj Dubey, learned counsel for the petitioner and Sri Kuldeep Singh Chauhan, learned counsel appearing for the respondent nos. 4 and 5, Development Authority and learned Standing Counsel appearing for the respondent nos. 1, 2 and 3.
Present petition has been filed with following prayers:-
"(i) Issue a suitable writ, order or direction in the nature of Certiorari quashing the impugned orders dated 07.04.2021 passed by the respondent no. 2 and order dated 25.09.2020 passed by respondent no.5 (Annexure No. 9 and 5 of the Writ Petition).
(ii) Issue a suitable writ, order or direction in the nature of mandamus commanding the Respondents not to demolish the construction of the Petitioner over the land in question bearing Khasra No. 430/2/1 area 18.58 Sq. Meter situated at Revenue Village- Rampur Pavati, Pargana, Tehsil and District- Meerut."
Today, learned Standing Counsel has produced a copy of the instructions, the same is taken on record.
At the very outset, a preliminary objection has been raised by learned counsel appearing for the Development Authority that the petitioner has alternative statutory remedy against the impugned order, under Section 41(2) of the U.P. Urban Planning and Development Act, 1973.
Learned counsel for the petitioner could not dispute the aforesaid fact.
On merits, certain objections were taken, however, in view of the fact that the petitioner has an alternative statutory remedy, I am not inclined to deal with all such issues on merits as the petitioner is being relegated to avail the statutory remedy .
Along with the instructions, learned Standing Counsel has placed before this Court a copy of the order dated 23.2.2021 passed by Hon'ble Division Bench of this Court in Writ-C No. 2567 of 2021 (M/S Vinayak Associates And 2 Others vs. State of U.P. And 5 Others), whereby the writ petition of identical nature has been dismissed on the ground of alternative remedy.
The petition accordingly stands dismissed on the ground of availability of alternative statutory remedy."
Accordingly, present writ petition stands dismissed in terms of the aforesaid judgment dated 20.7.2021 passed in Writ C No. 12598 of 2021, Nikhil Gupta vs. State of U.P. And 4 Others.
Order Date :- 2.8.2021
Aditya
