- (1.) By means of this writ petition, the petitioners have prayed for a writ of certiorari quashing the order dated 11th August 2010 passed by the General Manager, New Okhla Industrial Development Authority (for short "NOIDA") whereby, the application of the petitioners for allotment of an industrial plot has been rejected on the ground that the petitioners have not been found to be suitable and for a mandamus commanding the respondents to allot the petitioners an industrial plot in Phase III, NOIDA as per its application dated 23.03.2010.
(2.) Brief facts of the case are that 24 Oranges Lab LLP - petitioner No. 1 is a partnership firm registered under Limited Liabilities Partnership Act, 2008. It's partners are Shvetank Jain and Raj Kumar Jain (petitioner No. 2). Shvetank Jain is B.Tech. in Computer Science from I.I.T. Kanpur and M.Sc. in Computer Science from the University of Toronto, Canada and has working experience with U.S. companies for last several years in web based internet application industry. He is getting a salary of over Rs. 1.5 crores. Petitioner No.2 is a graduate in mechanical engineering from I.I.T Roorkee and is a Gold Medallist and a prominent business man. They got lured by State Government's I.T. Policy, 2004, which promises several incentives to entrepreneur's desirous of setting I.T. based industry in the state. One of the incentive is preferential allotment of land by NOIDA/Greater NOIDA, UPSIDC and other development authorities , apart from exemption in stamp duty and registration fee, interest free loan, special financing packages, uninterrupted power supply, etc. They came together, and got a firm registered in the name of petitioner No.1.
(3.) In February, 2010, NOIDA launched an open ended scheme for allotment of industrial plots, larger than 2000 sq.mts. in industrial area phase II and III, NOIDA. The petitioners' firm, applied in prescribed form on 23.03.2010, for allotment of a plot measuring 2200 square metres approximately, in Phase III, NOIDA, along with a Project Report for establishing an I. T. Industry relating to designing of websites, software development, networking management, e-commerce resources, planning, etc. By communication dated 03.03.2010 received from Manager(Industries) NOIDA, the petitioners' firm was required to appear before the Screening Committee. According to the petitioners, the authorised representative of the petitioner firm appeared before the Screening Committee and it was fully convinced of the viability of the Project and required the petitioners to proceed further in the matter by obtaining letters regarding finances from the bank. Consequently, the petitioners vide their letter dated 12.05.2010 furnished certificate from the Union Bank of India, Shaharanpur showing commitment by the said bank to advance a sum of Rs. 241.45 crores as term loan and working limit to the petitioners' firm. Thereafter, nothing was heard and abruptly an order dated 11.08.2010 has been received under signatures of General Manager (Industries), NOIDA, whereby, the application of the petitioner has been rejected stating that the Allotment Committee has found the applicant to be unsuitable. Aggrieved by the said order, the petitioners have approached this Court by way of instant writ petition.;