The Lucknow Bench of the Allahabad High Court has set aside two orders by the Principal Secretary of Industry rejecting revision petitions from UG Infrastructure and Colourful Estate against YEIDA and Noida Authority's sub-lease cancellations. Justice Pankaj Bhatia directed the state government to re-evaluate the cases within six weeks, citing inconsistent decisions on similar matters. The court emphasised the need for consistent legal reasoning, following the removal of Anil Kumar Sagar, the Principal Secretary and YEIDA chairman. New officials have been assigned to handle appeals, potentially bringing clarity to builders and reshaping regional real estate development.
The Lucknow Bench of the Allahabad High Court has set aside two orders issued by the Principal Secretary of Industry, which had rejected the revision petitions filed against the decisions of the Yamuna Expressway Industrial Development Authority (YEIDA) and the Noida Authority that cancelled the sub-leases of the petitioning builders.
The bench, consisting of Justice Pankaj Bhatia, has directed the state government to re-evaluate the two revision petitions within a six-week timeframe. This ruling follows the disposition of a writ petition filed by UG Infrastructure Private Limited and Colourful Estate Private Limited. During the proceedings, the lawyers representing the petitioners argued that the Principal Secretary, Anil Kumar Sagar, who was acting as the revisional authority, had issued conflicting orders on similar petitions, thereby denying the petitioning builders the benefit of a 'zero period.'
In opposition, additional advocate general VK Shahi and chief standing counsel Ravi Singh Sisodiya contended that the facts presented to the revisional authority were different, which justified the differing orders. However, the bench observed that the legal standing in both cases was identical. Consequently, it concluded that the revisional authority lacked a valid basis for issuing conflicting orders without providing distinct facts and explanations.
Notably, earlier this week, the Uttar Pradesh government removed Sagar from his position as YEIDA chairman. He was also relieved of his responsibilities as Principal Secretary for Infrastructure and Industrial Development, as well as IT, Electronics, and NRI Affairs departments, and placed on a waiting list for future postings.
The state government has since assigned the task of hearing appeals to three different officials. Abhishek Prakash, Secretary for Industrial Development, was designated to handle cases related to the Greater Noida Industrial Development Authority (GNIDA), while Special Secretary Ramya R was entrusted with similar responsibilities for Noida and the Greater Noida Authority (GIDA). The responsibility for YEIDA and the Uttar Pradesh State Industrial Development Authority (UPSIDA) was allocated to Special Secretary Piyush Verma.
In conclusion, the court's ruling underscores the importance of consistent legal reasoning in administrative decisions. With the state government directed to review the revision petitions, the affected builders may soon gain clarity on their sub-leases, potentially reshaping the landscape of real estate development in the region.
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