- (1.) WE have heard Shri K.N. Tripathi, Sr. Advocate assisted by Shri K.K. Singh, learned counsel for the petitioner. Learned Standing Counsel appears for the State respondents. Shri Ramendra Pratap Singh appears for New Okhla Industrial Development Authority (NOIDA).
(2.) TWO commercial plots nos.H -1A 05 and H -1A 05 in Industrial Sector No.63 along with many other plots were proposed to be allotted for commercial use with an area of 300 sq. mtrs. per plot, FAR 300 sq. mtrs. and ground coverage 100 sq. mtrs.
(3.) BOTH the plots were subsequently purchased by M/s Globus Estates Pvt. Ltd. -petitioner no.1. The building plan submitted by the petitioners was approved and on which the constructions were raised, after seeking permission of amalgamation of the two plots. In the permission letter allowing amalgamation of the two plots in favour of M/s Globus Estates Pvt. Ltd. dated 6th February, 2005 certain conditions were laid down, which provided that after amalgamation the ground coverage, front elevation, FAR, control drawing and set back shall be the same, which is permissible under the scheme. After amalgamation all the plots will be treated as one plot for which conditions of sale will be the same as applicable to the plots. The condition no.2 provides as follows: - "(a) Allottee has made full payment of the plot premium, lease rent and interest due thereon. (b) Allottee has executed lease deed and has paid penalty, if any, due to delay in making functional. (c) Allottee/ Lessee has obtained Building Completion Certificate. (d) Allottee/ sub -lessee shall use the premises for the original permissible use. (e) Allottee has to pay proportionate (Pro -rata basis) transfer charges as applicable at the time of transfer and has to execute a sub -lease (tripartite between lessor, lessee and proposed transferee. (f) Allottee/ lessee/ sub -lessee has to adhere to the building regulations and directions.";