- (1.) WE have heard Sri Shashi Nandan, Senior Advocate, assisted by Sri Rakesh Pande, learned counsel for the petitioner, Sri Shivam Yadav, learned Advocate, appearing for New Okhla Industrial Development Authority and the learned Standing Counsel for the State.
(2.) BY means of the present petition, the petitioner has prayed for quashing of the notice dated 24.10.2014, Annexure -26 to the writ petition whereby a demand of arrears to the tune of Rs. 80.38 crores has been raised and the petitioner was directed to deposit the same by 31.1.2014 with the Authority otherwise the petitioner shall be proceeded against in pursuance of the terms and conditions of the allotment letter/lease deed.
(3.) THE petitioner has also claimed that the period between 19.4.2012 and till date he was given actual possession of the plot i.e. till 28.12.2013 be treated 'zero period'. He further prays for adjustment of a certain amount, which he claims to have deposited in excess with the Authority towards the total land premium as per calculation and has accordingly urged that the instalments be rescheduled. The facts as emerge from the records are that a scheme for allotment of housing plots being scheme code - GH 2007 (01) was floated by the New Okhla Industrial Development Authority (hereinafter referred to as 'NOIDA') against which the petitioner company applied and was allotted plot no. 01 in Sector 118. The petitioner claims to have deposited 10% of the bid amount as required under the scheme as his tender was accepted. This deposit was made prior to the issuance of the allotment letter. It is alleged that thereafter the respondent NOIDA Authority itself wrote a letter dated 13.6.2007 to the Bank Manager not to accept any payment under the Scheme in Sector 112 to 118, which also included the allotment to the petitioner. It was also stated that the aforesaid plot was involved in dispute and thereafter the physical possession over the plot could not be handed over to the petitioner.;