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IN THE HIGH COURT OF ALLAHABAD
MAHESH CHANDRA TRIPATHI, PRASHANT KUMAR
Lotus Green Constructions Pvt. Ltd. – Appellant
Versus
State of U.P. – Respondent
JUDGMENT :
TABLE OF CONTENTS
S.No. | Heading | Page nos. |
1 | Facts of the case | 3-7 |
2 | Present Sports City Scheme 02 in Sector 150 | 7-17 |
3 | CAG Report | 17-19 |
4 | Board meeting of the NOIDA Authority | 19-21 |
5 | Prayers made in the leading writ petition | 21-24 |
6 | Prayers made in the connected writ petitions | 24-33 |
7 | Arguments on behalf of petitioners | 33-37 |
8 | Arguments on behalf of respondents | 37-44 |
9 | Change in shareholdings of various companies | 44-45 |
10 | Further arguments of the petitioners | 45 |
11 | Analysis by the Court | 45-46 |
A. Deviations | 46-47 | |
(I) Formation of the Scheme | 47-48 | |
(II) Approval of Bid | 48 | |
(III) Failure on behalf of NOIDA Authority | 48-51 | |
B. Illegal sale | 51-52 | |
C. Outstanding dues of the Sports cities | 52-55 | |
D. Illegal benefits to the allottees | 56-61 | |
E. Need for lifting of corporate veil | 61-62 | |
F. Liabilities of the original allottees with regard to its subsidiaries | 62-66 | |
G. Conduct of the petitioners | 67-70 | |
H. Withdrawal of the writ petitions | 70 | |
12 | Scope of judicial intervention | 70-73 |
13 | Enquiry against the delinquent officers and other conspirators by C.B.I. | 73-77 |
14 | Conclusion | 77-79 |
1. All the aforesaid writ petitions have been clubbed and heard together as they involve similar issue, and hence, they are being decided by this common judgement and order.
2. Heard
The court emphasized the need for accountability in public contracts, allowing judicial review to ensure fairness and public interest, while directing a CBI inquiry into irregularities in the Sports ....
The court emphasized the need to pierce the corporate veil to hold individuals accountable for fraud, asserting judicial authority to intervene in administrative decisions when public interest is com....
A lead member of a consortium who opts out lacks locus standi to challenge the actions of the authority regarding project delays and cannot claim damages.
The court emphasized that insolvency proceedings should not be exploited to evade liabilities, confirming the necessity to protect homebuyers' interests and investigate corporate fraud.
The court emphasized that reverse CIRP cannot be used to evade liabilities, and the interests of homebuyers must be prioritized in insolvency proceedings.
Writ petitions can be maintained against administrative actions affecting contracts, especially when principles of natural justice and public policy are at stake.
A public interest litigation cannot be used by a petitioner who previously supported the actions being challenged, as it constitutes an abuse of the judicial process.
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