The main legal point established in the judgment is that the delay in completion of the project was not attributable to the Lucknow Development Authority or the State Government, and further extension of registration may not be permissible under the Act 2016.

JUDGMENT :

1. Heard Shri Satish Chandra Misra, learned Senior Advocate, assisted by Shri Sunil Kumar Singh and Shri Kapil Misra, learned counsel representing the petitioner-company, learned State Counsel representing the State of Uttar Pradesh, Shri Anil Kumar Tiwari, learned Senior Advocate, assisted by Shri Shobhit Mohan Shukla, learned counsel representing Uttar Pradesh Real Estate Regulatory Authority and Shri Ratnesh Chandra, learned counsel representing the Lucknow Development Authority.

2. These proceedings under Article 226 of the Constitution of India have been instituted by the petitioner-company with the following prayers;

"(a.) Issue a writ of mandamus or any other appropriate writ order directing the Respondent Nos.1/State of Uttar Pradesh and Respondent No.3/LDA to resolve all the land related issues, expeditiously conclude the process of acquisition in accordance with the Integrated Township Policy, 2014 of Government of Uttar Pradesh and handover and make available the remaining land for the Project in a timely and orderly manner to the petitioner Company and allow the petitioner Company to continue with the development of the Project in the interest of justice and in the interest of allottees and for the overall development of Project as per the Integrated Township Policy of State of Uttar Pradesh.

(b) Issue a writ of mandamus or any other appropriate writ directing the Respondent No.2/UP RERA to consider the duration of non-action/inaction of/ on the part of the Respondent No.3/LDA in providing and making available the land to the petitioner from 2012 to 2022 as 'Zero Period' with respect to completion and handover of the land for timely completion of the Project.

(c) Issue a writ of mandamus or any other appropriate writ directing the Respondent No.2/UP RERA to consider the period from March, 2020February, 2022 as 'Zero Period' with respect to completion and handover of the land for timely completion of the Project.

(d) Issue a writ of mandamus or any other appropriate writ order directing the Respondent No.2/UP RERA to consider the representation dated 27th January, 2022 in its letter and spirit and extend the Registration of the Project of the petitioner-Company in view of the land and legal issues and other issues and concerns elaborated by the Petitioner-Company in the said representation and also as otherwise submitted to Respondent No.2/UP RERA and the same shall be valid in prospective.

(e). Issue a writ of certiorari or any other appropriate writ order or direction to the Respondent No.2/UP RERA directing and declaring that there is no requirement of approval of allottees in case of lapse/revocation of Registration and the procedure followed by Respondent No.2/UP RERA is in violation of RERA Act and the Rules made thereunder as there is no provision under the said Act and the Rules requiring such requirement."

3. The facts of the case, as submitted by the learned counsel representing the respective parties and culled out from the pleadings available on record, are as follows.

4. The State Government promulgated a policy for acquisition of land for residential projects and its development in the urban areas of the State of Uttar Pradesh through investment by the private sector. The said policy is embodied in the Government Order dated 21.05.2005.

5. The aforesaid policy by the State Government was issued considering the ever increasing pressure on housing and infrastructure facilities in the urban areas of the State of U.P. on account of accelerated urbanization. The said policy envisages the role of the State Government as a facilitator rather than a developer. The policy further lays emphasis on solving the problems and stumbling blocks being felt in the development and construction work by private sector and also for simplification of the processes. The object of the policy contained in the Government Order dated 21.05.2005 is also to invite and encourage investment of capital by the private sector.