NOIDA: The Allahabad High Court has rejected a review petition from the Greater Noida Industrial Development Authority (GNIDA) concerning a previous judgment that overturned the cancellation of an IT firm’s land allotment.
The disputed 25-acre IT/ITES plot in Greater Noida’s Tech Zone II was initially allotted in October 2007 to a consortium headed by Anant Raj Industries and subsequently transferred to Elevator Properties via a lease deed on August 16, 2010. Notably, Elevator Properties Pvt Ltd is a subsidiary of Anant Raj Industries.
On February 25, Justice Prakash Padia determined that the authority failed to produce any “error apparent on the face of the record” in the court’s ruling from June 9, 2025, which annulled the cancellation order and reinstated the allotment. Justice Padia remarked that the authority effectively sought a rehearing without identifying “any apparent error.”
The cancellation of the allotment, executed on June 30, 2023, cited reasons such as land non-utilisation and the lack of a completion certificate, along with other alleged defaults. This cancellation was subsequently ratified by the state government in a revisional order dated November 23, 2023.
Elevator Properties contested this action before the High Court in 2024, arguing that the Authority neglected to complete essential external development work—like roads and drainage—making the land commercially unusable, despite the developer paying the full premium during the lease execution.
A central issue in this case involved an amendment to Section 7 of the UP Industrial Area Development Act, introduced by the UP Industrial Area Development (Amendment) Act, 2022. Under the new provision, development authorities were mandated to notify defaulting allottees at least three months before December 31, 2022, requiring them to complete construction. Failure to do so would result in the cancellation of the allotment on that date.
The court previously noted that GNIDA sent the notice to the allottee only on January 3, 2023, which was significantly past the statutory deadline of September 30, 2022. The court ruled that once the authority missed the mandatory timeline, it lost jurisdiction to cancel the allotment, thus quashing both the cancellation order and the state government’s revisional order. Following this, GNIDA filed a review petition seeking reconsideration of the ruling.
