Allahabad High Court
MRS. ALKA AND 2 OTHERSversusSTATE OF U.P. AND 5 OTHERS
- Decided
Holding
The court held that the objections raised by the petitioners must be considered and decided by the Greater Noida Industrial Development Authority within one month.
Summary
The petitioners purchased flats from OMEX Company based on a brochure promising that 60% of the land would be used for sports and recreational facilities. The builder later sought to convert the land for commercial purposes, prompting the petitioners to submit a representation to the Greater Noida Authorities on 19‑08‑2026. Their sole grievance is that this representation has not been considered. The respondents, representing the Greater Noida Authorities, agreed to consider the objections within a month but did not address the merits. The High Court directed the Greater Noida Industrial Development Authority to consider and decide the petitioners' objections within one month of the certified copy of the order. Consequently, the writ petition was disposed of.
Issues considered
- Whether the Greater Noida Industrial Development Authority is obligated to consider the petitioners' representation within a stipulated time.
- Whether the court can dispose of the writ petition without adjudicating the merits of the underlying dispute.
Subjects
- real estate
- misrepresentation
- sports and recreational facilities
- commercial conversion
- writ petition
- administrative law
- representation
- Greater Noida Industrial Development Authority
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
WRIT - C No. - 37163 of 2026
Mrs. Alka And 2 Others
.....Petitioner(s)
Versus
State Of U.P. And 5 Others
.....Respondent(s)
Counsel for Petitioner(s) : Brijesh Kumar, Saurabh Tripathi, Sr.
Advocate
Counsel for Respondent(s) : Anjali Upadhya, C.S.C.
Court No. - 29
HON'BLE SIDDHARTHA VARMA, J.
HON'BLE KUNAL RAVI SINGH, J.
1. Heard learned counsel for the parties and perused the record.
2. Contention of learned counsel for the petitioners is that, pursuant to the brochure
issued by OMEX Company with regard to certain housing suites, the petitioners
purchased flats. The representation made to the petitioners, along with other
purchasers, was that 60% of the land would be utilised for sports and recreational
facilities. Subsequently, when the construction activities of the builder changed and
the use of the said land was sought to be converted for commercial purposes, the
petitioners submitted a representation before the Greater Noida Authorities on
19.08.2026.
3. The sole grievance of the petitioners, as of now, is that their representation has not
been considered. Learned counsel appearing for the Greater Noida Authorities, Ms.
Ishita Sand, Advocate, holding brief for Ms. Anjali Upadhyay, submits that the
objections raised by the petitioners shall be duly considered in accordance with law
within a period of one month, without entering into the merits of the case.
4. We are of the view that the objections/representation of the petitioners dated
19.08.2026 shall be considered and decided in accordance with law by the Greater
Noida Industrial Development Authority, Noida, District Gautam Buddh Nagar,
within a period of one month from the date of production of a certified copy of this
order.
5. With the aforesaid observations, the writ petition stands disposed of.
September 16, 2026
vijay krishna
(Kunal Ravi Singh,J.) (Siddhartha Varma,J.)
Digitally signed by :-
VIJAY KRISHNA JAISWAL
High Court of Judicature at Allahabad
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