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IN THE HIGH COURT OF JUDICATURE AT ALLAHABAD
MAHESH CHANDRA TRIPATHI, KUNAL RAVI SINGH
Jakson Engineers Limited – Appellant
Versus
State of Uttar Pradesh – Respondent
JUDGMENT :
(Per: Kunal Ravi Singh, J.)
[1] Heard Sri Shashi Nandan, learned Senior Advocate assisted by Sri Ankit Prakash, learned counsel for the petitioner; learned Addl. Chief Standing Counsel Sri Devesh Vikram for the State-respondent and Sri M.C. Chaturvedi, learned Senior Advocate assisted by Sri Shivam Yadav, learned counsel for Greater Noida Industrial Development Authority.
[2] The present petition has been filed against the letter dated 10.07.2025, whereby the Greater Noida Industrial Development Authority (hereinafter referred to as GNIDA) i.e. respondent no.2 had demanded default amount of lease rent as on 10.04.2025 at Rs.2,08,40,858/-. Further prayer has been made to issue a writ of mandamus directing the respondents to issue permission to mortgage forthwith.
FACTS:-
[3] In brief, facts leading to the present petition are that the petitioner i.e. M/s Jakson Engineers Ltd., with an objection of expanding its industrial operations, applied for allotment of an industrial plot under the Scheme floated by respondent no.2. In light of the application, the petitioner was allotted plot nos.25 & 26, Ecotech-III, Udyog Kendra, Greater Noida. Thereafter, consequent to the allotment,
A party cannot seek relief while simultaneously disobeying court orders, and the government has the authority to fix lease amounts based on prevailing market values.
Unilateral retrospective enhancement of lease rent by an authority, without executing a supplementary deed, is illegal, and higher authority’s orders must be implemented by lower bodies.
Supplementary lease deeming additional built-up area integral with no time limit overrides original four-year completion clause for composite construction; penalty demands arbitrary, illegal; payment....
The authority has the power to terminate a lease in case of breach, and a notice must be served before termination.
The main legal point established in the judgment is the court's discretion to grant a decree under Order XII Rule 6 of CPC based on clear admissions in the pleadings and reply notice, especially when....
Claims for land lease rights can be barred by delay, especially when previous agreements are accepted without protest.
Municipal authorities must ensure compliance with lease conditions regarding building approvals, and allegations of document forgery warrant thorough investigation.
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