Anjani Kumar, J. - (1.) This is a writ petition filed by the petitioners under Article 226 of the Constitution of India. Petitioner No. 1 is a partnership firm and petitioner No. 2 has been authorised to file the present writ petition on behalf of the firm.
(2.) The petitioners, as stated in the writ petition, filed an application before the respondents (which shall in short be referred to as NOIDA) on 28th October 1996 for the allotment of 8000 sq.Mts. of land for Administrative Office, Show Room, Research & Development Wing near Delhi to promote their business of export on large scale and further to secure more export orders. The application for allotment of land was accompanied by a project report and a cheque of Rs. 50,00,000/- (Rupees fifty lakhs). A copy of the application has been annexed as Annexure-1 to the writ petition. On the aforesaid application the NOIDA allotted the plot of land No. A-22, Sector 62, area 8000 Sq.Mts. at the rate of Rs. 2,500/- per Sq. Mt. and total valuation of the plot in question comes to Rs. 2,00,00,000/- (Rupees Two Crores). The petitioners were required to complete other formalities as communicated by letter of NOIDA dated 7th November 1996 which is annexed as Annexure-2 to the writ petition. It so happened that though the petitioners had applied for and were allotted 8000 Sq. Mts. of land but on the spot the plot allotted to the petitioners, namely Plot No. A-22 Sector 62, was having an area of 10,000 Sq. Mts. In these circumstances the petitioners were given an offer for purchasing the additional 2000 Sq. Mts of land vide letter dated 15th November 1996 by the NOIDA. This letter is annexed as Annexure-3 to the writ petition. The petitioners gave its consent for the additional 2000 Sq. Mts of land by their letter dated 19th November 1996 and the NOIDA authorities have allotted 10,000 Sq. Mts of land of Plot No. A-22, Sector 62 at the rate of Rs. 2,500/- per Sq. Mt. The total valuation of the land thus comes to Rs. 2,50,00,000/-. This was informed by the NOIDA by its letter dated 27th November 1996 (Annexure-5 to the writ petition).
(3.) The petitioners apart from initial deposit of Rs. 50,00,000/- have again deposited a sum of Rs. 75,00,000/- through their cheque dated 3rd December 1996. Thus the total money that the petitioners have deposited with the NOIDA is Rs. 1,25,00,000/-. Besides the deposit of the aforesaid amount the petitioners have submitted lease agreement through their letter dated 3rd December 1996 which is Annexure-6 to the writ petition. The petitioner was asked by the NOIDA to deposit half yearly instalments of lease rent vide their letter dated 23rd June 1997. In compliance of the said letter the petitioners have again deposited a sum of Rs. 41,53,322/-. The receipt is annexed along with the writ petition. The petitioners have stated that as and when any demand is made they have complied the same within the scheduled fixed by the NOIDA.;