A.K.YOG, R.K.RASTOGI, JJ. - (1.) HEARD above noted learned Counsel representing respective parties.
(2.) DR . Lalit Verma, as Karta of 'Lalit Verma HUF' (the petitioner) field this writ petition on the plea that Noida (New Okhla Industrial Development Authority) allotted residential Plot No. D-20, Sector-51, Noida 9, Area 450 Sq. Mrs. in favour of one Kunwar Pal, who transferred it to the petitioner with the consent of Noida as per Transfer Memorandum dated 26.7.2002 executed by Noida (Annexure No. 1 to the writ petition) and Noida also issued allotment order on 28.12.2004 in favour of the petitioner. Relevant extract of the Transfer Memorandum is quoted below for convenience: TRANSFER MEMORANDUM Subject: Transfer permission in respect of Residential Plot No. D-20, Sector 51, Noida Complex : Plot No. D-20, Sector-51, Noida allotted to Shri Kanwar Pal S/O Lalu, R/O village Hoshiarpur, P.O. Sarafabad, Noida, henceforth is transferred in favour of Shri Lalit Verma S/O Shri. M.P. Verma, R/o C-11, Rana Pratap Bagh, Delhi-110007 subject to the following terms and conditions : "4. In the event of transfer of allotment being permitted by the Authority, the Transferee shall execute lease deed within 30 days from time and date of issue of checklist. 6. The transferee shall be liable to pay balance installments of plot premium along with interest thereon by the due dates. The interest on the balance plot premium/another dues shall be payable @ 14% p.a. In case of default, interest shall be levied @ 17% p.a. compounded half yearly for delayed period. "7. The transferee shall be bound by the terms and conditions of Allotment Letter and Brochure of the said scheme of plot subject to the amendments indicated in the transfer memorandum. 8. ……………………………………………………………………….. 9.......................................... 10......................................... 11......................................... 12......................................... 13.......................................... 14.......................................... 15........................................." (Underlined by us to lay emphasis)
(3.) PLOT in question (Plot No. D-20) was allotted to Kunwar Pal under Residential Plot Scheme-1997 (1)- Copy filed as Annexure CA-2 to the counter affidavit (of Noida sworn by one Rajes Kumar). Later it was replaced by Residential Plot Scheme-2004. It is not disputed that in both the Schemes, i.e. Scheme of 1997 and 2004, Clause 13 providing for settlement of excess area of a plot almost remained the same.;