SHIPRA HOTELS LIMITED Vs. GHAZIABAD DEVELOPMENT AUTHORITY

JUDGEMENT

(1.) Heard Sri Anurag Khanna, learned Senior Advocate assisted by Sri Tarun Agrawal, learned counsel for the petitioner and Sri M.C. Chaturvedi, learned Senior Advocate and Additional Advocate General assisted by Sri M.N.Singh, learned counsel for the respondent/ Development Authority.

(2.) By means of present writ petition under Article 226 of the Constitution of India, the petitioner has come up with prayer for a writ of certiorari for quashing of the order dated 26.5.2009 whereby Ghaziabad Development Authority (for short "Authority") has determined the lease of the petitioner for the reason that petitioner did not abide by the terms and conditions of the lease as the land use for which lease was granted, was not performed.

(3.) Briefly stated facts of the case are that respondent authority executed the lease deed on 29.12.1999 in respect of the land earmarked as "green belt", in favour of the petitioner to develop the amusement park over the leased land. However, when the petitioner did not perform as per terms of the lease, the authority came to determine the same under the order impugned.