IN THE HIGH COURT OF ALLAHABAD
Mahesh Chandra Tripathi, Prashant Kumar, JJ.
Xanadu Estates Private Limited – Appellant
Versus
State of U.P. – Respondent
Hon'ble Prashant Kumar,J.
TABLE OF CONTENTS
| S.No. | HEADING | Page nos. |
| 1 | Facts of the case | 01-10 |
| 2 | Arguments on behalf of petitioner | 10-12 |
| 3 | Arguments on behalf of respondents | 12-17 |
| 4 | Analysis & Conclusions | 18-21 |
1. Heard Sri Amit Shukla, Advocate holding brief of Sri Prakeek Sinha, learned counsel for the petitioner, Sri Devesh Vikram, learned Additional Chief Standing Counsel and Sri Mohan Srivastava and Sri Fuzail Ahmad Ansari, learned Standing Counsel for State-respondents and Sri Manish Goyal, learned Senior Advocate assisted by Sri Kaushalendra Nath Singh and Ms. Anjali Gokhlani, learned counsel for the respondent-NOIDA. FACTS OF THE CASE
2. New Okhla Industrial Development Authority, Noida sometime in the year 2011 floated a scheme known as “Sports City-II” which was to be developed in Sectors 78, 79 and 150 of NOIDA. The scheme was launched on 03.03.2011 and closed on 24.03.2011. As per the Scheme, a Sports City was to be developed on a land parcel of 72.75 hec. in Sector 78, 79 and another in Sector 150 of NOIDA. The reserve price for the scheme was set at Rs.11,500/- per square metre. The price was purposely kept low as the developer was supposed to create sports facilities over 70% of the e
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 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....
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.
A party cannot be denied benefits due to issues beyond their control; zero period benefits were affirmed due to delays stemming from governmental actions.
Applicants have no inherent right to allotment under a scheme and must have their applications considered under the prevailing scheme. Applicants also have an obligation to disclose material facts du....
Authority must provide preferential land allotment to disabled persons per applicable legislation; arbitrary cancellations and excessive interests are unjust.
Authority must deliver physical possession of land to the allottee; failure to do so grants the right to zero period benefits under lease agreements.
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