- (1.) Delay condoned. In view of the extensive hearing that have taken place we feel the necessity of supporting our conclusions to dismiss these Special Leave Petitions with reasons.
(2.) The core facts that will require specific notice are as follows: In October, 2004, the Greater Noida Industrial Development Authority (hereinafter referred to as "the Development Authority") had launched a scheme for allotment of residential plots of different sizes. It is the allotment of plots measuring 1000 sq. mtrs. that is the subject matter of the present proceedings. The allotments were to be made on the basis of draw of lots. So far as allotment of plots of 1000 sq. mtrs. is concerned, the draw of lots was held on 18th January, 2005 which, however, got cancelled because of certain anomalies detected in the course of the draw. A second draw was held on 19th January, 2005. Persons claiming to be successful in the draw held on 18th January, 2005 filed writ petitions before the High Court which were disposed of on 20th January, 2005 directing the writ Petitioners to move the Development Authority by way of representations and such representations were directed to be decided by the Development Authority within three weeks, if possible. It is not in dispute that pursuant to the aforesaid order of the High Court dated 20th January, 2005 representations were filed on 27th January, 2005. The same were, however, not disposed of within the time frame, as directed. Subsequently, it appears that some of the successful allottees of the second draw (held on 19th January, 2005) also moved the High Court for directions to the Development Authority to issue letters of allotment. Such writ petitions were also answered by the High Court by directing the concerned allottees to move the Development Authority by filing representations. This was on 1st September, 2005. Pursuant to the orders in both set of writ petitions, the Development Authority passed an order on 5th October, 2005 holding that the draw held on 18th January, 2005 is flawed and that the subsequent/second draw held on 19th January, 2005 is valid. Against the said order dated 5th October, 2005, Writ Petition No. 66109 of 2005 was filed wherein an interim order dated 19th October, 2005 was passed by the High Court staying further proceedings pursuant to the second draw dated 19th January, 2005. This writ petition was dismissed on 26th July, 2007. Thereafter, and on the basis of the order passed in another writ petition being C.M.W.P. No. 48847 of 2007 allotment orders were issued on 29th November, 2007 at a revised rate of Rs. 5900/- per sq. mtr. It may be noticed at this stage that the rate of allotment, according to the Development Authority, was enhanced to Rs. 4500/- (developed plots) and Rs. 4,150/- (undeveloped plots) with effect from 1st April, 2006 and thereafter to Rs. 5900/- per sq. mtr. (for both categories) with effect from 1st April, 2007. The aforesaid allotment at the revised rate was challenged before the High Court which, challenge having been accepted by the impugned order, the Development Authority has instituted the present Special Leave Petitions.
(3.) The first question that would require determination is whether the SLP Petitioner - Greater Noida Industrial Development Authority had good and sufficient reasons for not making the allotments between 19th January, 2005 (date of the second draw) and 19th October, 2005 (date of the interim order of the High Court restraining such allotments). In the absence of such justification, obviously, the Development Authority cannot be allowed the benefit of the higher rate effective from 1st April, 2007 in the light of the law laid down in Kusheshwar Prasad Singh v. State of Bihar and Ors., 2007 11 SCC 447.;