- (1.) The petitioner is a company duly incorporated under the provisions of Indian Companies Act, 1956 and is engaged in the business of developing and setting up housing colonies and commercial complex.
(2.) The tender submitted by the petitioner for commercial plot no. 003 at Block No. M, Sector 18, before the respondent no. 1 New Okhla Industrial Development Authority (hereinafter referred to as the 'Development Authority') was accepted and allotment letter dated 12.4.2004 was issued to the petitioner. The petitioner was put under an obligation to pay a sum of Rs.40,25,24,433.25 being 25% of the allotment money after adjusting the earnest money of 3 crore already deposited within fifteen days from the date of the acceptance letter. The balance 75% of the premium amount was payable within 90 days from the date of issuance of the acceptance letter. In the meantime, public interest litigation was filed by one Anil Kumar Srivastava being writ petition no. 10137 of 2004 along with an application for stay challenging the scheme for allotment of the aforesaid commercial plot without impleading the present petitioner as a party. The High Court vide order dated 12.03.2004 issued notices but did not grant any interim order, against which the said Anil Kumar Srivastava filed a Special Leave Petition before the Hon'ble Apex Court being S.L.P. No. 7790 of 2004 . Again the present petitioner was not impleaded as a party. Hon'ble Apex Court vide order dated 28.04.2004 while issuing notice on the Special Leave Petition was pleased to grant an interim stay to the following effect : "Until further orders, all the proceedings by the respondent-authority shall remain stayed."
(3.) The present petitioner moved an application before the Hon'ble Apex Court for being impleaded in the proceedings and also applied for vacation of the stay order dated 28.04.2004. A request was made by the parties before the Hon'ble Apex Court on 09.07.2004 to transfer the Public Interest Litigation pending before this Court, which was accepted and the proceedings of Civil Misc. Writ Petition (PIL) No. 10137 of 2004 pending before this Court was transferred to the Hon'ble Supreme Court and directed to be listed on 23.07.2004. After hearing the parties vide judgment and order dated 20.08.2004 the petition was dismissed by the Hon'ble Apex Court and on the request made by the petitioner herein, time for payment of balance 75% amount as per clause - 12 of the allotment letter was extended and the petitioner herein was directed to pay the same within one week of the date of judgement i.e. by 27.8.2004. It may be relevant to quote the operative portion of the judgment and order dated 20.8.2004 (Anil Kumar Srivastava v. State of U.P. & another, 2004 AIR(SC) 4299 ) : "For the foregoing reasons, we do not find any merit in the Civil Appeal No.50 of 2004, arising out of SLP(C) No. 7790 of 2004, as well as in the Transferred Case no. 54 of 2004 (Writ Petition No. 10137 of 2004 of Allahabad High Court) and the same are accordingly dismissed, with no order as to costs. We direct the respondent no. 3 to pay respondent no. 2 the balance 75% of the premium in terms of Item 12 of allotment dated 12.4.2004 within one week from the date of pronouncement of this judgment.";