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PRITINKER DIWAKER, ASHUTOSH SRIVASTAVA
Logix Buildtech Private Limited – Appellant
Versus
State of U. P. – Respondent


Advocates Appeared:
For the Petitioner: Ashutosh Sharma, Shri Anurag Khanna (Sr. Advt.).
For the Respondent: C.S.C., Anil Tiwari, Prashant Shukla.

JUDGMENT :

Ashutosh Srivastava, J.

1. Sri Ashutosh Sharma, learned counsel for the petitioner, Sri Nagendra Kumar Pandey, learned counsel for the State-respondents and Sri Udit Arora with Sri Prashant Shukla, learned counsel for respondent No.3.

2. Instant writ petition has been filed, assailing the order dated 29.08.2019, passed by the Chairman, Real Estate Regulatory Authority, Gautam Budh Nagar, whereby and whereunder the petitioner has been directed to give possession of the unit in the Project in question i.e. “Logix City Centre” within 45 days from the date of the order alongwith delay penalty @ Rs.20/-per sq. feet per month from 24.09.2013 to 30.04.2016 and @ MCLR + 1% from 01.05.2016 to date of grant of Occupation/Completion Certificate or date of grant of possession as also the Notice dated 19.11.2019 issued by the respondent No.2 in pursuance of the order dated 29.8.2019 requiring the petitioner to submit the compliance report failing which proceedings u/s 63 of the RERA Act, 2016, would be initiated and the entire amount shall be recovered as arrears of Land Revenue u/s 40 of the Act.

3. It is contended on behalf of the petitioner that it was allotted approx. 25,000 sq. mete

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