M.Katju, R.S.Tripathi, JJ. - (1.) Heard Sri Rakesh Dwivedi, learned senior counsel, Ms. Kumkum Sen and Shri Yashwant Verma, learned counsel on behalf of the petitioner and Sri Vinod Mishra and learned standing counsel for the respondents.
(2.) The petitioner has challenged the demand of change in constitution charge made by the respondent No. 2-New Okhla Industrial Development Authority (hereinafter referred to as the N.O.I.D.A.) and the revised lease rental demanded by the letters dated 15.3.2002, 23.10.2002 and 21.2.2003 vide Annexures-G, L and O to the writ petition.
(3.) The petitioner is a private limited company registered under the Indian Companies Act, having its registered office at B-9 Maharani Bagh, New Delhi. The petitioner is engaged in the business of establishing state of the art hospitals of international standard of technological excellence and quality of medical and related services. It is also alleged in para 4 of the writ petition that in consonance with its objectives to establish a Super Speciality Hospital and Research Institute and to provide medical facilities of International standards, the petitioner applied for and was allotted a plot of land bearing No. B-22, Sector 62. N.O.I.D.A., measuring 22,400 sq. mtrs. in response to the issue of a tender floated by the respondent No. 2. The respondent No. 2 is a statutory authority constituted under Section 3 of the Uttar Pradesh Industrial Area Development Act, 1976 and has been established for the purpose of setting up an Urban and Industrial Township and is entrusted with the responsibility of allotment of land for institutional purposes, and for the planned development of the district.;