- (1.) HEARD Sri Ravi Kant, learned Senior Advocate assisted by Sri Pushkar Mehrotra and Sri Anurag khanna, learned Counsel for the respondent No. 1.
(2.) BY this writ petition petitioner has prayed for quashing the order dated 17th August, 2006, 19th October, 2006, 13th November, 2007 and 14th september 2007 passed by NOIDA Authority.
(3.) THE brief facts of the case for deciding the writ petition are; the petitioner applied for allotment of plot of about 1000 sq. meters for building training centre for its employees and officers from respondent No. 1. The land was allotted by letter dated 1. 1. 1996. A formal lease deed was executed on 26th April, 1996. The possession was delivered to the petitioner on 18th June, 1996. According to the lease deed, one of the conditions was that the allotted is to start construction of minimum area required as per by law within six months and complete the construction of the building within a period of two years from resumption of possession failing which the lessor may resume possession or demise it. The Clause 7 of the deed is quoted below.- "that the lessee will start construction within six months from the date of possession and will construct a minimum of area as per bye-laws of authority as applicable for building and put the same in operation as per plans approved by the Lessor within a period of 2 (two) years from the date of possession and shall obtain the completion certificate from building cell failing which a levy of 4% of premium cost per annum or part thereof as applicable will be charged on extension being allowed by the CEO or his duly authorized officer. In the event of extension not being granted, cancellation may be effected if site remains vacant after 2 years of possession and the Lessor may resume possession, or demise it again, provided that the lessee will be at liberty to remove construction if any, in such eventuality. Lessee shall inform the Lessor for inspection first at the time of basement, iind. at the time of plinth erection and third at the time of total completion. ";