- (1.) -THROUGH this writ petition, petitioners have prayed for quashing of the notices dated 22. 3. 2003, 6. 9. 2002, 25. 7. 2002 and 1. 5. 2002 sent by the appropriate authorities of New Okhla Industrial Development Authority (hereinafter referred to as NOIDA) imposing penalty against the petitioners for not getting the lease deed for the commercial plot No. 1/1-A, section 27, Noida executed within the stipulated period of 120 days from the date of allotment of the said plot, that is, 25. 7. 2001. The petitioners have assailed the penalty imposed on them by NOIDA.
(2.) AS per the learned Counsel for the petitioners, after completing necessary formalities, the petitioner was allotted a commercial plot No. 1/1-A, Sector 27 in New Okhla Industrial Development Authority (hereinafter referred to as NOIDA) on 3. 7. 2001. Initially, the petitioner was allotted 2970 sq. meters of land at the rate of Rs. 15552/- per sq. meter. Later on, a revised allotment order was issued to the petitioner indicating reduction of the area of the plot from 2970 sq. meters to 2590 sq. meters. The consideration for allotment of the plot was proportionately reduced. As per learned Counsel for the petitioners, on the spot, the area of plot was found to be different from that which was indicated in the Brochure. There existed an irrigation drain flowing through the plot, although its existence was not indicated in the Brochure. The petitioner had been moving applications to the Chief Executive Officer, NOIDA, requesting him to make inspection of the spot and for disclosing of exact area and the boundaries of the plot. Since this was not done by the concerned authorities, the petitioners could not submit the lease-deed for execution within the prescribed period of 120 days. On 24. 3. 2002, petitioners moved an application before the Chief Executive Officer, NOIDA for waiver of the penalty by explaining it to him that since the exact area and location of the plot was different from that given in the Brochure, the delay in execution of the lease deed should not be attributed to the petitioners and the penalty may not be imposed against them. The Chief Executive Officer, NOIDA, waived the penalty imposed on the petitioners and granted further time of two months' for execution of the lease-deed.
(3.) LEARNED Counsel has further submitted that the concerned authority of the NOIDA had written to petitioners vide letter dated 1. 5. 2002 that the penalty would be charged with effect from 22. 11. 2001. The petitioners responded to this letter by submitting a representation dated 15. 5. 2002 and several applications were also submitted by the petitioners in this regard to the NOIDA authorities from time to time for waiving the penalty drawing their attention that the drain passing through the plot was not covered nor any alternative plot was allotted to the petitioners. In the representation dated 21. 9. 2002, the petitioners indicated that on one occasion, the authorities of NOIDA were willing to provide him with an alternative site. However, on 22. 3. 2003, the petitioner was informed that the Board of NOIDA had rejected the proposal for waiver of the penalty and the petitioners shall have to pay the penalty within 30 days, otherwise, his allotment would be cancelled. A Division Bench of this Court had granted an interim order on 18. 4. 2003 staying the operation of imposition of penalty against the petitioners.;