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Writ - C No. - 35475 of 2016

Angel Mercury Apartment Owners Association v. Ghaziabad Development Authority

2016 SCC OnLine All 1991

In the High Court of Allahabad

(BEFORE DILIP BABASAHEB BHOSALE, C.J. AND YASHWANT VARMA, J.)

Angel Mercury Apartment Owners Association .…. Petitioner

v.
Ghaziabad Development Authority and 2 Others .…. Respondents
Writ - C No. - 35475 of 2016
Decided on August 2, 2016
Counsel for Petitioner:- Prashant Kanha
Counsel for Respondent:- C.S.C., Ram Bilas Yadav
1. Heard Shri Prashant Kanha, learned counsel for the petitioners and Shri R.B.
Yadav, learned counsel for the respondents.
2. This writ petition seeks following reliefs:
“(i) Issue a writ, order or direction in the nature of mandamus directing the
Respondent no. 1 to grant permission under Section 25 of the Apartment Act to
the petitioner to commence prosecution proceedings against the Respondent no.
3 for the alleged violations of the UP Apartment Act (Promotion of Construction,
Ownership and Maintenance) Act, 2010.
(ii) Issue a writ, order or direction in the nature of mandamus directing the
Respondent no. 1 to consider and decide the application of the petitioner dated
23.05.2016 for granting permission for prosecution against the respondent no. 3”
3. Learned counsel for the petitioners submits that petitioners would be satisfied if
directions are issued to the first respondent to consider and decide their application
dated 23 May 2016, whereby they are seeking permission to prosecute respondent no.
3.
4. We have perused the provisions contained in Section 25 of the U.P. Apartment
(Promotion of Construction, Ownership and Maintenance) Act, 2010.
5. Having considered the submissions of learned counsel for the parties and the
nature of relief sought, we are satisfied that the following order shall meet the ends of
justice:
6. Respondent no. 1 shall consider and decide the petitioners' application seeking
permission to prosecute respondent no. 3, as expeditiously as possible, preferably
within a period of six weeks from date of receipt of this order. Petitioners are directed
to produce a copy of this order along with copy of the writ petition and annexures
before the concerned authority within ten days from today.
7. With these observations, the writ petition is disposed of.
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