JAKSON ENGINEERS LIMITED Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) Heard Sri Shashi Nandan, learned Senior Advocate assisted by Sri Ankit Prakash, learned counsel for the petitioner; learned Addl. Chief Standing Counsel Sri Devesh Vikram for the State-respondent and Sri M.C. Chaturvedi, learned Senior Advocate assisted by Sri Shivam Yadav, learned counsel for Greater Noida Industrial Development Authority.

(2.) The present petition has been filed against the letter dtd. 10/7/2025, whereby the Greater Noida Industrial Development Authority (hereinafter referred to as GNIDA) i.e., respondent No. 2 had demanded default amount of lease rent as on 10/4/2025 at Rs.2,08,40,858.00. Further prayer has been made to issue a writ of mandamus directing the respondents to issue permission to mortgage forthwith. FACTS:-

(3.) In brief, facts leading to the present petition are that the petitioner i.e., M/s. Jakson Engineers Ltd., with an objection of expanding its industrial operations, applied for allotment of an industrial plot under the Scheme floated by respondent No. 2. In light of the application, the petitioner was allotted plot Nos. 25 and 26, Ecotech-III, Udyog Kendra, Greater Noida. Thereafter, consequent to the allotment, lease deed dtd. 6/1/2006 was executed between the petitioner and respondent No. 2 and possession memo was also given to the petitioner on 6/1/2006. The terms and conditions of the lease deed required the petitioner to pay an annual rent of lease of Rs.13,50,360.00 for the first ten years and thereafter lease rent may be enhanced after every ten years from the date of execution of the lease deed by paying an amount not exceeding 50% of the annual lease rent payable at the time of such enhancement. The annual lease rent was to be deposited by 6th day of January every year. The lease deed also pro-vided that in the event of default of payment of lease rent, interest @ 17% per annum compounding every half yearly would be chargeable for the delayed period.