High Courts(2009) 04 AHC CK 0456

Merino Industries Ltd.Public Ltd.Company vs State of U.P.and Others

Allahabad High Court · Decided on 30 April 2009

HON’BLE JUDGES
Yatindra Singh, J and Anil Kumar, J
RESULT
Disposed Of

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Judgment

7 paragraphs · 289 words

Anil Kumar, J.—The petitioner is a company registered under the Companies Act. It is running factory with in the area of HapurPilkhua Development Authority (the Authority). According to the petitioner some land has already been reserved for the use of the petitioner by the Authority. The Authority sent a letter dated 7.2.2009 offering the land at the rate of Rs.3500/ per sq. metre. The petitioner has filed the writ petition challenging the rate on which the land was proposed to be given.

2.

We have heard counsel for petitioner, the Standing counsel and Sri AK Misra for the respondents. The counsel for the petitioner submitted that :

(i) The Authority has already determined the principle on which the land is to be allotted to the petitioner.

(ii) The land which is to be allotted to the petitioner is to be determined as mentioned in the resolution of the Authority dated 3.12.2003.

(iii) In case this method is adopted the value will come out to be Rs.1472/ per sq. metre and not Rs.3500/ per sq. metre.

3.

In our opinion, it will be better in case the Authority itself first considers the objections of the petitioner. In these circumstances, the petitioner may file its objection/ representation before respondent no. 3 against the letter dated 7.2.2009. In case the representation is filed, it may be decided by respondent no.3 by a speaking order, if possible, within three months from the date of receipt of the representation. The petitioner will file a certified copy of this order; other necessary documents and a duly stamped selfaddressed envelope along with his representation. Respondent no.3 after taking decision will communicate the same to the petitioner.

4.

With these directions the writ petition is disposed of.