- (1.) In response to a scheme launched by the respondent-Greater Noida Industrial Development Authority (hereinafter referred to as 'GNIDA') on 13.5.2008 inviting applications for allotment of industrial plots for own office use and other such purposes, the petitioner made an application on 30.6.2008 for allotment of a plot of an area of 4000 sq. meters for its office use and deposited the registration money of 10% amounting to Rs. 40 lacs and Rs. 80,000/- towards registration charges i.e. total Rs. 40,80,000/- as the valuation of a plot of 4000 sq. meters at the scheduled rate of Rs. 10,000/- per sq. meter was Rs. 4 crores.
(2.) After interviewing the petitioner on 26.8.2008, the GNIDA, vide its communication dated 12.9.2008, intimated the petitioner that a plot of an area of 4000 sq. meters has been reserved for the petitioner. Thereafter on 17.10.2008 the GNIDA intimated the petitioner of allocation of Plot No. 25, Sector-Tech Zone-IV for the purpose of its office in Greater Noida, which was with the condition that the same would be "subject to change as per planning/Engineering stipulation". After this allocation, the GNIDA, vide communication dated 14.11.2008, issued the letter of allotment in favour of the petitioner wherein it was provided that the petitioner was to deposit the allotment money of Rs. 80 lacs (being 20% of the price of the land) and the remaining 70% in twelve six monthly installments along with 12% p.a interest. In the said allotment letter, it was provided that "the allocation of your plot shall be intimated to you in due course of time". Thereafter neither any specific allocation of plot was made in favour of the petitioner nor any plot allotted to the petitioner was demarcated or identified and since the petitioner was to deposit 20% of the price of the land i.e. Rs. 80 lacs by 13.1.2009, they filed an application on 9.1.2009 intimating that prior to the issuance of allotment letter, allocation letter had been issued specifying plot no. 25, Sector-Tech Zone-IV as a plot allocated in favour of the petitioner but since the said plot had not been demarcated nor there was any basic internal and external infrastructure development at the site and there were no approach roads towards the plots and no physical possession could be given to the petitioner, they prayed for extension of time to deposit the allotment money by three months i.e. upto 13.4.2009. Then on 20.2.2009 time to deposit the allotment money was extended upto 28.2.2009. Immediately thereafter on 21.2.2009 the petitioner again represented and in response thereto on 27.2.2009 further extension for deposit of allotment money of Rs. 80 lacs was granted upto 13.4.2009. Prior to the said date, on 8.4.2009 the petitioner again wrote to the GNIDA regarding allocation, identification and demarcation of plot as well as lack of basic internal and external infrastructure development etc. with the request that the petitioner be required to deposit allotment money only after demarcation was done and the authority was in position to give peaceful possession of the plot. Vide communication dated 21.4.2009, instead of dealing with the issues raised by the petitioner in their communication dated 8.4.2009, quoting the provisions in the brochure (scheme) that extension for depositing allotment money shall not ordinarily be allowed except by the Chief Executive Officer in exceptional circumstances, further extension of time was declined by GNIDA. Then on 20.5.2009, the petitioner wrote to the GNIDA that they would deposit the allotment money if the GNIDA confirms that the plot allocated/allotted in favour of the petitioner has been demarcated and is ready for being handed over to the petitioner and the GNIDA is in a position to register a lease deed in terms of the scheme floated by the GNIDA. The petitioner kept reminding the GNIDA time and again, and ultimately on 25.1.2011 they deposited the allotment money of Rs. 80 lacs with GNIDA and kept reiterating their request for demarcation and handing over possession of the plot to the petitioner. Then, after a gap of more than two years, on 23.5.2013, the respondent-GNIDA passed the order dated 23.5.2013 cancelling the allotment made in favour of the petitioner under Clause B-12 of the terms and conditions of the brochure (scheme). Challenging the said order, this writ petition has been filed.
(3.) After passing of the impugned order, the petitioner also filed a representation before the Chief Executive Officer on 13.6.2013 praying for restoration of allotment made in its favour.;