Court No. - 30 Case :- WRIT - C No. - 35421 of 2010 Petitioner :- M/S Moti Board Industries Pvt. Ltd. Respondent :- The Industrial Development Commissioner & Others Petitioner Counsel :- Vinod Jaiswal Respondent Counsel :- Dhananjay Awasthi Hon'ble Rakesh Sharma,J.
RE: Correction/Modification Application
Heard Sri Vinod Jaiswal, learned counsel for the petitioner.
According to the learned counsel for the petitioner, in this case certain factual
submissions could not be recorded in the order dated 16.6.2010. These facts
are necessary to be mentioned in the order for adjudication of the matter
before the lower court and concerned authorities.
The correction/modification application is allowed.
Let the order dated 16.6.2010 be read as under:-
“As per learned counsel for the petitioner, the allotment of the land was made
on 3.3.2003. in favour of the petitioner is legal and correct. The allotment in
favour of the respondent no.4 in the year 1996 was illegal which was
cancelled on 6.2.2003. The petitioner filed a suit O.S. No.6 of 2004 raising
some grievances. This suit was dismissed on 20.9.2007. A recall application
along with application under Section 5 was rejected by the court on
18.12.2008.
However, as per learned counsel for the petitioner the State Government had
taken a decision under Section 41 of R.B. Act in favour of the applicant on
16.12.2009. This order is to be implemented and the above suit deserves to be
restored.
List this case in 2nd week of August, 2010. Meanwhile, it is provided that the
respondent-U.P.S.I.D.C. is restrained from transferring, alienating or creating
third party interest in respect of the plot in dispute i.e. A-2, Surajpur Industrial
Area, Site-IV, Greater Noida, Gautam Budh Nagar. Status quo shall be
maintained in respect of the property.”
Order Date :- 12.7.2010
Bhaskar