- (1.) By means of the present writ petition, the petitioners seeks the following reliefs:- A. Writ, order or direction in the nature of Mandamus directing the respondent Authority to accept the application of the petitioner and allot 4000 Sq. meters of industrial land in the Phase II/Phase-III of Noida. B. Writ, order or direction in the nature of Mandamus restraining the respondent Authority from allotting any industrial plots and/or handing over possession of the industrial Plots under the Noida/Indigenous Peoples/2006-07/OES(01) Scheme. C. Writ order or direction in the nature of Mandamus quashing any action taken by the respondent authority for allotment of plots under the aforesaid scheme. D. Such other further order/orders as this Hon'ble Court may deem fit and proper in the facts and circumstances of the case. E. To grant the cost of the petition to the petitioners.
(2.) The brief facts of the case set out in the writ petition are that the petitioner no. 2 is a Company incorporated under the Indian Companies Act, 1956 and the petitioner no. 1 is a Managing Director of the said Company. The Company is a leading manufacturer of perfumery compounds since last fifteen years. The Company has a modern factory at Y-4, Okhla Industrial Area Phase-II, New Delhi. Its turnover in the last several years are in crores and to set up a new Industry, the petitioners applied for allotment of industrial plot measuring 4000 Sq. meters, under the Scheme Noida/Indigenous Peoples/2006-07/OES(01). The processing fee of Rs.10,000/- and the registration fee at Rs.20 Lacs were deposited vide Cheque no. 104730 dated 26.9.2006 and Cheque no. 104729 dated 29.9.2006. The proposed project for which, the petitioners applied for the allotment of industrial plot was claimed to be of Rs.20 Crores. After moving the application vide letter dated 8.12.2006, the respondent no. 1 has required the petitioner to appear in an interview at 1.30 P.M. On 18.12.2006 at Indira Gandhi Kala Kendra, Sector-6, Noida. The petitioners appeared before the Screening Committee, which has been formed by the respondent no. 1 for this purpose. The petitioners claimed that no further information was received. Thereafter, on 25.1.2007, the petitioners received refund of his registration fee vide Cheque no. 970431 for Rs.20 Lacs dated 23.1.2007. Thereafter, the petitioners sent representation/letter dated 29.1.2007 with the request to provide reasons for rejecting the project proposal for the allotment of industrial plot and prayed for reconsideration of their application. When the petitioners could not receive any response from the respondent no. 1, the present writ petition has been filed.
(3.) We have heard Mrs. Pinky Anand assisted by Sri R. K. Asthana, learned Counsel for the petitioners, Sri Anurag Khanna, learned Counsel appearing for respondent no. 1 and the learned Standing Counsel appearing for respondent no. 2. Counter and rejoinder-affidavits have been exchanged. Thus, with the consent of learned Counsel for the parties, the present writ petition is being disposed of at this stage.;