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2011 Supreme(All) 2458

AMITAVA LALA, ASHOK SRIVASTAVA
PARSVNATH DEVELOPERS LTD. – Appellant
Versus
GREATER NOIDA INDUSTRIAL DEVELOPMENT AUTHORITY – Respondent


Advocates:
Counsel :
U.K. Shandilya and Santosh Kumar Tripathi for the Petitioner; Ramendra Pratap Singh, Vidhu Prakash Pandey and Ramanand Pandey, S.C. for the Respondents

JUDGMENT

Hon’ble Amitava Lala, J.—By means of this writ petition, the petitioner has challenged the impugned order/letter dated 15th September, 2010 issued by the respondent No. 1- Greater Noida Industrial Development Authority (hereinafter in short called as the ‘’authority’) imposing penalty (late fees) upon the petitioner to a tune of Rs. 8,40,25,980/- for not getting the lease-deed executed by 22nd October, 2008 and also 2% additional late fees in case of further delay after 21st October, 2010, as well as cancellation notice dated 17th March, 2011 issued by the authority. The petitioner further seeks direction upon the authority to register the lease-deed of the petitioner.

2. Briefly stated facts giving rise to the present writ petition, according to the petitioner, are that the Greater Noida Industrial Development Authority constituted under Section 3 of the Uttar Pradesh Industrial Area Development Act, 1976 (hereinafter in short called as the ‘’Act’) comes within the definition of the ‘’State’ as per Article 12 of the Constitution of India. In July, 2007 the authority invited sealed offers for allotment of commercial plots on ninety years’ lease basis under Commercial Plot Sc































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