Altamas Kabir, J. - (1.) In this Special Leave Petition, the Petitioner has challenged the decision of the Allahabad High Court dismissing Writ Petition No. 16819 of 2003, filed by one Hira Lal Gupta and another praying for quashing of the notices dated 1.5.2002, 25.7.2002, 6.9.2002 and 22.3.2003 sent by the authorities of The New Okhla Industrial Development Authority, hereinafter referred to as NOIDA, imposing penalty against the writ petitioners for failing to get the lease deed for commercial plot No. 1/1-A, Sector 27, NOIDA, executed within the stipulated period of 120 days from the date of allotment of the plot. The said plot measuring 2970 sq. meters was initially allotted to the Writ Petitioner No. 1, Hira Lal Gupta, at the rate of Rs. 15,552/- per sq. meter. Later on, a revised allotment order was issued to Shri Gupta reducing the area of the plot from 2970 sq. meters to 2590 sq. meters and the consideration for allotment of the plot was proportionately reduced. Subsequently, disputes arose in regard to an irrigation drain which existed on a portion of the said plot, although, the existence thereof was not indicated in the brochure published by NOIDA. According to the Writ Petitioners, since the said problem was not attended to, the lease deed could not be submitted for execution within the prescribed period of 120 days which attracted imposition of penalty.
(2.) On 24th March, 2002, the Petitioners made a representation to the Chief Executive Officer, NOIDA, for waiver of penalty on the ground that since the exact area and location of the plot was different from that specified in the brochure, the delay in execution of the lease deed could not be attributed to the Writ Petitioners and, accordingly, penalty could not be imposed against them. It appears that the Chief Executive Officer, NOIDA, waived the penalty imposed on the Writ Petitioners and granted them further two months time to complete the execution of the lease deed. However, before the expiry of the said period of two months, the NOIDA authorities had written to the Writ Petitioners on 1st May, 2002, indicating that penalty would be charged with effect from 22nd November, 2001. The Writ Petitioners responded to the said letter by submitting a representation dated 15th May, 2002, praying for waiving the penalty on account of the drain passing through plot and also for providing any alternative plot in lieu of the plot already allotted.
(3.) The Writ Petitioners were informed on 22nd March, 2003, that the Board of NOIDA had rejected their proposal for waiver of the penalty and that the same would have to be paid within 30 days, otherwise their allotment would be cancelled. At the initial stage when the Writ Petition was filed, the High Court had passed an interim order on 18th April, 2003, staying the operation of imposition of penalty against the Writ Petitioners. Ultimately, after considering the submissions made on behalf of the respective parties, the High Court took note of Clause 25 of the Scheme indicating that the plots were to be sold on "as is where is" basis, leading to the presumption that the Writ Petitioners had knowledge of the existing irrigation drain on the plot. The High Court also took note of the power reserved to the NOIDA authorities to vary the area of the plot, which the allottee was bound to accept as final. The High Court also took into consideration the submissions made on behalf of the Board of NOIDA that in its 113th meeting held on 10th February, 2003, the Petitioners representation was finally rejected but despite the same they did not deposit the penalty and insisted upon the waiver of penalty and interest.;