Allahabad High Court Stays Demand Against Hindustan Aeronautics Limited Over Prescribed Authority Confusion
Court Seeks Clarity on Prescribed Authority Under U.P. Water Supply and Sewerage Act, 1975
In a recent judgment, the Allahabad High Court, comprising Justices Shekhar B. Saraf and Praveen Kumar Giri, has temporarily stayed the demand raised by the State of Uttar Pradesh against Hindustan Aeronautics Limited Transport Aircraft Division, Chakeri. The decision came in light of ambiguity surrounding the prescribed authority under Section 54 of the U.P. Water Supply and Sewerage Act, 1975.
The court noted that the respondents failed to inform the court about the designated prescribed authority under the said Act, leading to confusion and inconvenience for the petitioner. The court observed that the balance of convenience and inconvenience favored the petitioner, and a prima facie case had been established.
During the hearing, counsel for the respondents, including Abhinava Krishna Srivastava and Vaibhav Tripathi, could not clarify the identity of the prescribed authority, despite the court's inquiries. Consequently, the court has stayed the demand until the next date of hearing, scheduled for October 14, 2025.
The court has directed the respondent authorities to provide information regarding the prescribed authority before the next hearing date. This move is expected to bring clarity and ensure proper legal proceedings under the U.P. Water Supply and Sewerage Act, 1975.
The decision underscores the importance of identifying the appropriate authorities to prevent administrative bottlenecks and ensure fair legal processes.
Bottom Line:
Balance of convenience and inconvenience was held to be in favor of the petitioner, and the demand raised by the authorities was stayed for a limited period as no prescribed authority under Section 54 of the U.P. Water Supply and Sewerage Act, 1975, was identified.
Statutory provision(s): U.P. Water Supply and Sewerage Act, 1975, Section 54
