LAWS(ALL)-2011-2-161

AJAY PRAKASH SRIVASTAVA Vs. STATE OF U P

Decided On February 01, 2011
AJAY PRAKASH SRIVASTAVA Appellant
V/S
STATE OF U P Respondents

JUDGEMENT

(1.) Heard learned Counsel for the Petitioner as well as learned standing counsel appearing for the State Respondents and Sri Suresh Singh for the contesting Respondent No. 2-Yamuna Express Way Industrial Development Authority and have perused the record. With consent of learned Counsel for the parties, this writ petition is being disposed of finally at this stage without calling for a counter-affidavit.

(2.) The case of the Petitioner is that he has been allotted a residential plot by the Respondent No. 2 in Part A of Sector 20 in October, 2009. As per own case, he was supposed to deposit certain amount within two months which he could not deposit. On 27.7.2010 he has filed an application for condoning the delay in making such deposit, which is pending before the Respondent authorities.

(3.) Sri Lalit Kumar, learned Counsel for the Petitioner submitted that the Petitioner is always ready and willing to pay the amount of instalments alongwith due interest and had made applications several times for extension of time for accepting the money as such there is no occasion for cancelling the allotment as it should be resorted to as a last measure. He relied upon the decision of Hon'ble Supreme Court in the case of Teri Oat Estates (P.) Ltd. v. U.T. Chandigarh and Ors., 2004 2 SCC 130.