LAKSHMI BIHARI, J. - (1.) Heard Shri Anil Sharma, the learned |counsel appearing for the petitioners and Shri U.S. Awasthi, the learned counsel representing the respondent Nos. 1 to 4.
(2.) The petitioners have approached this Court through this petition under Article 226 of the Constitution of India, with the following prayers :- (a) Issue a writ or writs in the nature of certiorari or such other writ, order or direction as may be considered appropriate to quash and set aside the purported cancellation of the allotment of plot B-208 and 209, Phase II, NOIDA, District Ghaziabad (UP) vide letter dated 30/03/1994 (Annexure-XIX hereto) and purported forfeiture of the amount paid by the petitioner company by the said letter and declare that the allotment made in favour of the petitioner company shall stand. (b) issue a writ or writs in the nature of mandamus or such other writ, order or direction directing the respondents to attend to the matters complained of by the petitioners in the various letters (Annexures- XII, XIII, XIV and XV hereto) and ensure that the plot of land B-208 and 209 Phase II, NOIDA, District Ghaziabad is available to the petitioner company free of all claims, interference, encumbrances, used by the neighbouring villages and other problems. (c) Issue a writ or writs in the nature of mandamus or such other writ,order or direction to the respondents to reschedule the payment of the balance amount due from the date when the petitioner is put in possession of the land free of all claims, interference, incumbrances, used by the neighouring villages and other problems. (d) Issue a writ or writs in the nature of mandamus or such other writ, order or direction to the respondents to pay compensation to the petitioner company for the loss and prejudice caused to him on account of the failure of the NOIDA authorities in ensuring that the petitioner company has the free of all claims etc. mentioned above. (e) Award cost of the petition.
(3.) The petitioners were allotted Plot Nos. B208 and 209 by the respondents vide allotment letter dated 30-7-1990. On 30-8-1990 a lease deed was executed between the parties, a copy whereof is Annexure IX to the petition. Thereafter the respondents cancelled the said allotment on the ground that the petitioners have neither implemented the approved project nor complied payment schedule as per terms of the registered lease deed. A copy of the letter dated 30-3-1994 cancelling the allotment is Annexure XIX to the petition. Aggrieved, the petitioners have filed the instant petition.;