- (1.) This Writ Petition has been filed for quashing the orders dated 27th October, 2004 and 31st March, 2005 issued by the Officers of the New Okhla Industrial Development Authority (hereinafter referred to as 'NOIDA') and for a direction upon the respondents not to interfere with the possession of the petitioner in Plot No. P-1, Sector 18, NOIDA.
(2.) The petitioner company claims that it is registered under the provisions of the Companies Act, 1956 and the main objectives are to carry on the business of Builders, Colonizers, Construction Engineers, Estate Agents and to deal in construction, sale and purchase of all types of commercial and residential buildings and flats. In furtherance of its objectives, the petitioner participated in a public auction held by NOIDA on 22nd March, 1990 and by a letter dated 9th April, 1990, the petitioner was intimated that Plot No. P-l, Sector, 18, NOIDA had been allotted to it on leasehold basis for a period of 90 years. In the said letter it was specifically stated that the allotment of the said plot was as per the terms and conditions contained in the brochure enclosed with the application form. The relevant terms and conditions contained in the brochure which are the subject matter of this petition are reproduced below-: 6. "Approval of drawings (a) The successful bidder will start the construction after obtaining due approval of building plans by competent authority. (b) The architectural control drawings for the plot shall be exhibited at the time of auction. The Successful bidder shall have to purchase the architectural control drawings from New Okhla Industrial Development Authority on payment. Thereafter the allottee shall get the plans prepared from the architects on the basis of the architectural control drawings received from New Okhla Industrial Development Authority and obtain sanction of the same from New Okhla Industrial Development Authority as per Building Regulations and Directions and procedures laid down by the Authority. The allottee will then carry on the construction of the building strictly in accordance with the sanctioned plans obtained from New Okhla Industrial Development Authority. On completion of the building, the allottee shall obtain completion certificate from New Okhla Industrial Development Authority as per the procedure laid down by the Authority before occupying the building. The notes, specifications and other stipulations mentioned in the architectural control drawings shall be strictly adhered to. No addition/alteration shall be carried out by the allottee or the purchasers of floor area after obtaining completion certificate, without getting necessary permission and sanction from the Authority. 6. (c)(i) The ground floor (of the building constructed on the allotted commercial office plot) will be exclusively used for parking and no temporary or permanent construction of any sort would be allowed in any circumstances. 6. (c)(ii) Construction of basement is optional and if constructed shall be as per architectural control drawings and building plans approved by the Authority. The basement shall be strictly used for services and storage purpose. 6. (c)(iii) No barricade or boundary wall will be permitted on any side on the plot and there will be free access from one plot to another on the ground floor. 6. (c)(iv) The first floor of the building constructed on the allotted plot will be used for showroom-cum-offlce only. 6. (c)(v) The remaining upper floor's constructed will be exclusively used for offices only and for no other purpose. 6. (c)(vi) The area on each floor includes area of balcony also. No projection on any side will be allowed beyond proposed plot line. " (Emphasis Supplied)
(3.) Subsequently the lease deed dated 8th August, 1990 was executed between the petitioner and NOIDA. The terms and conditions contained in the brochure were repeated in the lease deed. The relevant clauses of the lease deed are quoted below:- X(A). The ground floor (of the building constructed on the allotted office plot) will be exclusively used for parking and no temporary or permanent construction of any sort would be allowed in any circumstances. control drawing and building plans approved by the lesson. x(B). Construction of basement is optional and if constructed, shall be as per architectural X(C). No barricade or boundary 'wall' mil be permitted on any side of the plot and there will be free access from one plot to another on the ground floor. X(D). The first and above floors of the building constructed on the allotted plot will be exclusively used for showroom-cum- office only. The above floors of the building constructed on the allotted plot will be exclusively used for office only and for no other purpose. XI. That the lessee shall obey and submit the rules, building regulations and directions of the lessor, and proper municipal or other authority now existing or hereinafter to exist, so far as the same relate : to the immovable property in the said area so far as they affect the health, safety and convenience of the other inhabitants of the place. .. XIV.(A) The plot or building thereon shall not be used for a purpose other than that specified in the lease deed and architectural control drawings prescribed by the lessor. The architectural control drawings will be supplied by the lessor on payment of the prescribed fee by the allottee who shall carry out construction of the plot strictly in accordance with the same after the approval from the lessor. .. XXL If the lessee does not abide by the terms and conditions and building rules or any other rules framed by the Authority, the lease may be cancelled by the lessor and possession may be taken over by the lessor and the lessee in such an event will not be entitled to claim any compensation in respect thereof.'' (Emphasis Supplied);