Allahabad High Court
M/S Designarch Infrastructure Pvt. ... vs State Of U.P. Thru Prin. Sec. Industrial ... on 18 June, 2010
Author: V.M. Sahai
Bench: V.M. Sahai, Krishna Murari
Court No. - 9 Case :- WRIT - C No. - 35577 of 2010 Petitioner :- M/S Designarch Infrastructure Pvt. Ltd. And Another Respondent :- State Of U.P. Thru Prin. Sec. Industrial Dept Lko. And Ors. Petitioner Counsel :- Satish Chandra Srivastava,H.R. Mishra Respondent Counsel :- C.S.C.,Anuj P. Singh Hon'ble V.M. Sahai, J.
Hon'ble Krishna Murari, J.
Heard learned counsel for the petitioners, learned Standing Counsel appearing for respondent no. 1 and Shri V.K. Birla for respondent nos. 2 to 4.
It is contended that respondents in the name of implementing, amended "Zonal Development Plant" propose to abolish the approach road and parks situate on three sides of Plot No. HRA8 in Group Housing Sector, Surajpur, Site-C, Housing Extension, Greater Noida and lease or transfer the same for raising constructions.
Prima facie, this Court is of the opinion that respondents cannot be permitted to abolish the approach roads and parks or to transfer or lease the same for making constructions, as such, the petitioners are entitled to interim relief.
One month's time is allowed to the respondents to file counter affidavit. Petitioners may file rejoinder affidavit within three weeks thereafter.
List after expiry of the aforesaid period. Considering the facts and circumstances, until further orders of this Court, the respondents are restrained from implementing the "Zonal Development Plan" in so far as it pertains to abolishing the approach road and parks and not to transfer or lease out the said land.
18.06.2010 PKC/VKS/ WP 35577/10