- (1.) A sale deed was executed by the petitioners on 4 October 2004 in favour of Noida after receiving the sale consideration. Clause 12 of the sale deed provides that the vendor would be allotted 10% undeveloped land by Noida. However, 10% of the total sale consideration shall be paid by the vendor to Noida towards the allotment. It also provides that the vendor would have to pay development charges determined from time to time. The petitioners are aggrieved by the notice dated 9 January 2017 issued by Noida for payment of development charges.
(2.) It is the submission of learned counsel for the petitioners that Noida cannot charge development charges as the petitioners had paid 10% of the sale consideration for allotment of the plot.
(3.) This submission of learned counsel for the petitioners cannot be accepted. As pointed out by Sri Shivam Yadav, learned counsel for Noida, development charges have to be paid in terms of clause 12 of the sale deed. 10% of the sale consideration was paid by the vendor towards the allotment of the plot and not towards the development charges for the plot.;