- (1.) Leave granted.
(2.) Challenge in this appeal is to the order passed by a Division Bench of the Allahabad High Court dismissing the writ petition filed by the appellant questioning correctness of the orders dated 27.10.2004 and 31.3.2005 passed by the officers of New Okhla Industrial Development Authority (in short "NOIDA") and praying for a direction to the respondents not to interfere with the possession of the appellant with plot no.P-1, Sector -18, NOIDA.
(3.) The notice in question was issued for unauthorized additional construction and change of user of land. The notice dated 21.4.2004 was issued by NOIDA under Section 10(1) of the U.P. Industrial Development Act, 1976 (hereinafter referred to as the "Act"). It was indicated in the notice that at the time of inspection on 21.4.2004 it was found that the appellant had violated the building bye-laws and directions and terms and conditions in the lease deed which act prejudicially affected the proper planning and amenities of the industrial development area which was against interest of general public. Therefore, appellant was required to remove the unauthorized construction within a period of 15 days and bring the construction in conformity with the sanctioned plan so that interest of the general public was not adversely affected. It was subsequently pointed out that the appellant was not using the ground floor as per the rules and conditions imposed. It was also mentioned that in the event the appellant failed to do the needful, NOIDA was to get the illegal construction removed at the cost of the appellant. Since there was no compliance with the direction, another notice dated 23.8.2004 was sent to the appellant. He was again required to comply with the directions contained in the earlier notice as the ground floor and service floor were not being used as per the conditions of the lease deed. Reply dated 23.9.2004 was submitted by the appellant. It was pointed out that the appellant had completed the construction on 9.10.1992 and completion certificate was issued thereafter. The appellant had not made any construction and the allegations contained in the notice were incorrect. The letter was followed by another letter dated 7.10.2004 in which the request was made by the appellant for changed user of ground floor and upper ground floor. This request of the appellant was rejected by the NOIDA in terms of the communication dated 27.10.2004. It was pointed out that the ground floor was required for exclusive use for parking, but it was being used otherwise and even the basement was being used as office.;