Allahabad High Court
Sunshine Infrawell Private Limited vs State Of U.P. And 2 Others on 25 June, 2020
Bench: Sunita Agarwal, Saumitra Dayal Singh
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 29 Case :- WRIT - C No. - 9461 of 2020 Petitioner :- Sunshine Infrawell Private Limited Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Siddharth Singhal,Abhishek Srivastava,Amit Saxena (Senior Adv.) Counsel for Respondent :- C.S.C.,Kaushalendra Nath Singh Hon'ble Mrs. Sunita Agarwal,J.
Hon'ble Saumitra Dayal Singh,J.
The present writ petition is directed against the notice dated 18.05.2020 issued by the respondent no.3 i.e. the Executive Engineer, Paschimanchal Vidyut Vitran Nigam Limited whereby the petitioner who is a developer of the Group housing scheme, has been asked to make construction of independent feeder from the substation of the respondent no.3 for the purpose of supply of electricity to the plots in terms of the letter dated 06.01.2014.
The submission of Sri Amit Saxena, learned Senior Advocate is that the New Okhla Industrial Development Authority (NOIDA) is under obligation to carry out all external development including construction of independent feeder for the scheme concerned. The liability for construction of independent feeder cannot be imposed on the petitioner as against the terms and conditions of the lease deed dated 28.05.2010 executed by it.
Sri M.C. Chaturvedi, learned Senior Advocate assisted by Sri Kaushlendra Nath Singh, learned Advocate have appeared on behalf of the respondent no.2. Sri Abhishek Srivastava, learned Advocate has put in appearance on behalf of the respondent no.3 and learned Standing Counsel for the State-respondent is present.
Pertinent is to note that the petitioner has yet not submitted any reply to the said notice which has been issued pursuant to some sanction granted to the petitioner in the year 2014.
On the said objection being raised by the counsel for the respondent no.3, Sri Amit Saxena, learned Senior Advocate for the petitioner submits that the petitioner be provided an opportunity to approach the respondent no.3 by giving a proper reply to the said notice.
In view of the above, without expressing any opinion as to the claims of the petitioner, the writ petition is being disposed of with the observation that in case the petitioner submits a reply to the show-cause notice dated 18.05.2020 along with the copy of this order, within a period of two weeks from today, the respondent no.3 shall take a decision in accordance with law after getting comments from the respondent no.2 i.e. the NOIDA authority expeditiously preferably within a period of four weeks from the date of receipt of the said reply. The decision so taken shall be duly intimated to the petitioner as also the NOIDA authority.
Order Date :- 25.6.2020 P Kesari