Tag: Allahabad High Court

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Allahabad HC Dismisses GNIDA’s IT Firm Plot Review

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…

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HC Urges Greater Noida Authority to Reinstate Cancelled Plot

NOIDA: The Allahabad High Court has reinstated a farmhouse plot valued at over Rs 100 crore to a firm, overturning a cancellation order issued nine years ago, effective immediately. A division bench comprising Justices Mahesh Chandra Tripathi and Kunal Ravi Singh ruled on Thursday to restore the 3.8 lakh sqm plot in Greater Noida to SDS Infratech, reversing the Greater Noida Authority’s 2017 cancellation order and instructing it to address the developer’s zero-period relief request within four months. The bench partially granted the writ petition, annulling the August 17, 2017 order that rescinded the April 25, 2011 plot allotment. This…

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Post-HC Setback, Ghaziabad Residents Want Political Fix for Taxes

GHAZIABAD: The Allahabad High Court recently upheld the Ghaziabad Municipal Corporation’s (GMC) decision to raise property taxes. Former councillors are now seeking political avenues to reverse this decision, while still considering a legal challenge. Rajendra Tyagi, a co-petitioner and former GMC councillor, mentioned they plan to approach the Supreme Court within the next 90 days to contest the ruling from February 25, although he expressed a preference for a political solution. “Going to the Supreme Court is a lengthy process. We prefer resolving it politically for the greater good,” Tyagi stated. The debate revolves around a new property tax structure…

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HC Affirms Ghaziabad Property Tax Hike as Lawful

GHAZIABAD: The Allahabad High Court has declined to interfere with the Ghaziabad Municipal Corporation’s (GMC) decision to increase property tax. This ruling comes as a setback for residents, whose tax bills have surged by three to four times due to the revision. On Wednesday, a bench consisting of Chief Justice Arun Bhansali and Justice Kshitij Shailendra rejected a petition from three former GMC councillors, affirming that the corporation’s approach to setting minimum monthly rent rates (MMRR) and adjusting property tax accordingly was legally justified. The court stated, “We find no error in the determination of ‘MMRR’ nor any illegality in…

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Noida HC Upholds RERA Relief for Gaur City Centre Buyers

NOIDA: The Lucknow bench of the Allahabad High Court has dismissed four appeals from Gaursons Hi-Tech Infrastructure concerning shop-buyer disputes related to the Gaur City Centre project in Greater Noida West. The court declined to intervene with the favorable orders issued by the UP-Rera and the Real Estate Appellate Tribunal (REAT) for the buyers. The court noted that the developer failed to provide reasonable diligence in approaching the court, with reasons cited for delays deemed “bald, unsupported, and unsatisfactory,” in some cases showing a “careless and reckless” attitude. This ruling enables the execution of RERA orders. In judgments delivered on…

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HC Dismisses YEIDA’s Appeal on Township Land Order

NOIDA: The Allahabad High Court has dismissed review petitions filed by the Yamuna Expressway Industrial Development Authority (YEIDA), upholding its previous order mandating the authority to transfer physical possession of land allocated to Silverline Furnishing and Furnitures Pvt Ltd for a residential township project. A division bench comprising Justices Siddhartha Varma and Ashutosh Srivastava stated that YEIDA failed to highlight any “error apparent on the face of the record” regarding the court’s judgment on November 16, 2023. The bench noted that the review petitions were essentially attempts to reargue the case, which is not allowed in review jurisdiction. The conflict…

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HC Seeks Noida’s Response to SC Order on Land Payment

NOIDA: The Allahabad High Court has requested clarification from the Uttar Pradesh government and Noida Authority regarding compliance with the Supreme Court’s July 10, 2024, ruling mandating compensation to landowners under the 2013 Land Acquisition Act. A division bench consisting of Justices Mahesh Chandra Tripathi and Kunal Ravi Singh has sought information about whether the compensation has been reassessed and issued according to the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013, which generally offers higher payments including revised market value, solatium, and interest. The Noida Authority acquired land for industrial development under the…

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HC Questions LDA & LMC’s Plans for Sahara Land

LUCKNOW: On Thursday, the Lucknow bench of the Allahabad High Court inquired about the actions proposed by the Lucknow Development Authority (LDA) and the municipal corporation regarding the land reclaimed from Sahara India Commercial Corporation Limited in Gomtinagar. The court emphasized that this inquiry was made without any prejudice to Sahara, as their petition contesting the land reclamation is currently under review. The next hearing is scheduled for January 19. The bench, comprising Justices Rajan Roy and AK Chaudhary, issued the order in response to a Public Interest Litigation (PIL) filed in 2008 by Gomtinagar Jan Kalyan Mahasamiti. During the…

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HC Rejects Noida Authority’s ₹168 Crore Lease Rent Claim

NOIDA: The Allahabad High Court has annulled a lease rent demand of approximately Rs 168 crore raised by the Noida Authority against Vision Town Planners concerning a commercial plot in Sector 94 that was initially allocated to BPTP International Trade Centre Ltd. On December 19, Justice Prakash Padia also mandated a refund of around Rs 7.4 crore collected as change in constitution (CIC) charges, along with 9% annual interest. The court ruled that the authority acted unlawfully by imposing lease rent without providing legal possession of the subdivided plot, and improperly retained CIC charges, despite established judicial precedents that deemed…

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Allahabad HC: No Tenancy Agreement Doesn’t Block Rent Authority

PRAYAGRAJ: In a landmark decision, the Allahabad High Court has determined that the lack of a written tenancy agreement or failure to provide tenancy details does not prevent the rent authority from exercising its jurisdiction. The court stated that, under the Uttar Pradesh Regulation of Urban Premises Tenancy Act, 2021, the rent authority is authorized to consider a landlord’s eviction application even if no written agreement exists and the landlord has not submitted tenancy details. Justice Rohit Ranjan Agarwal, delivering the judgment on December 16, remarked, “This provision leads to the conclusion that the jurisdiction of the rent authority under…