- (1.) New Okhla Industrial Development Authority (NOIDA) allotted land to the Air Force Naval Housing Board (the Board) in sector nos. 21 and 25 for constructing flats and garages to be allotted to the personnel belonging to Air Force and Navy. The Board constructed the flats as well as the garages. These were allotted to different persons including the petitioner. The petitioner let out his garage to respondent no. 4 for running a grocery shop. NOIDA issued a show cause notice to the petitioner on 16/20.9.2005 that no commercial activity be undertaken in the garage. The petitioner replied to this notice by letter dated 17.10.2005 mentioning therein that considering the need of the residents of the area, the petitioner had let out the garage for running a grocery shop but in case the NOIDA considers appropriate then the petitioner will close down this activity. According to the petitioner, no further intimation was given to him to close down the shop but the lease deed in favour of the petitioner has been cancelled on 18/20.4.2006, hence the present writ petition.
(2.) We have heard counsel for the petitioners, the standing counsel and Sri VP Mathur for the respondents. The petitioner is permitted to implead respondent no. 5.
(3.) The petitioner has filed an affidavit before this court stating therein that the shop has been closed down and the garage is being used for keeping the car. He has also attached photographs. The petitioner in his reply had also stated that in case NOIDA thinks it proper then grocery shop will be closed down. No intimation was given to the petitioner asking him to close the grocery shop. Now the petitioner has filed an affidavit before this Court, it would be appropriate to set aside the order dated 18/20.4.2006 and send the case back to respondent no. 3 for taking decision afresh in this case.;