The Allahabad High Court has recently set aside the orders issued by the Uttar Pradesh government’s principal secretary of industry, which had rejected revision petitions filed by builders UG Infrastructure Private Limited and Colourful Estate Private Limited. These petitions were challenging the cancellation of sub-leases by the Yamuna Expressway Industrial Development Authority (YEIDA) and the Noida Authority.
In its ruling on Monday, the Lucknow Bench, led by Justice Pankaj Bhatia, directed the Uttar Pradesh government to take a fresh decision on the two revision petitions within six weeks. The decision came as the court disposed of the writ petitions filed by the builders, whose sub-leases had been canceled by the respective authorities. During the hearing, the petitioners’ lawyers argued that the principal secretary, Anil Kumar Sagar, who held the position of revisional authority, issued conflicting orders on similar petitions and unjustly denied the “zero-period” benefit to the builders. They contended that the decisions were inconsistent, with no clear explanation for the different conclusions drawn on similar matters. On the other hand, the state’s additional advocate general, VK Shahi, and chief standing counsel Ravi Singh Sisodiya defended the conflicting orders, suggesting that the facts presented before the revisional authority differed, thus justifying separate rulings. However, the bench observed that the legal circumstances in both cases were identical. It pointed out that the revisional authority had no valid reason to issue conflicting orders without recording distinct facts and providing appropriate justifications.
In a related development, the Uttar Pradesh government removed Sagar from his role as YEIDA chairman late on Saturday. He was also relieved from additional responsibilities, including principal secretary for infrastructure and industrial development, IT and electronics, and NRI Affairs. Sagar has been placed on a waiting list for reassignment. To address appeals in the future, the state government has now appointed separate officials: Abhishek Prakash for GNIDA cases, Ramya R for Noida and GIDA, and Piyush Verma for YEIDA and UPSIDA. This court ruling marks a significant development in the ongoing legal battle between the petitioning builders and the authorities. The fresh review by the Uttar Pradesh government is expected to provide a clearer resolution to the matter.
