Saurabh Shyam Shamshery,J. - (1.) Heard learned counsel for the Petitioner and Respondents and also perused the materials on record.
(2.) Shorn of unnecessary details, the facts of the case are that the NOIDA Authority conducted draw of lots in residential plot scheme 2003 (1) on 29.12.2003 wherein respondent no 3 was declared as one of the allottees. A lease deed was executed on 11.5.2006 between the respondent no 2 and respondent no 3 with regard to plot no 17, Block B Sector 52, NOIDA District Gautambudh Nagar. Later-on, NOIDA Authority granted permission to transfer rights of leasehold in regard to plot concerned. The petitioner herein purchased plot on 11.8.2006 from respondent no 3 in lieu of due consideration. Later on, the respondent no 2 issued mutation certificate No NOIDA/Res Plots/10752 in favour of the petitioner. Thereafter, the petitioner raised construction on the said plot and a completion certificate was also issued by the respondent no 2 vide letter No NOIDA/BC/BPR-17744/844.
(3.) A Public Interest Litigation which was numbered as PIL No 7693 of 2010 Nem Chand Awana V State of U.P. and others was filed before this Court, wherein a direction was sought for an independent inquiry in the allotment proceeding of plots/flats of the year 2003, 2004 and 2006 by the NOIDA Authority. The said Public Interest Litigation came to be disposed of by order dated 23.2.2010 passed by this Court with the following directions. "Having heard the learned counsel for the parties and taking into consideration the entire facts and circumstances of the case, we are of the considered opinion that irregularities, if any, in the allotment of plots/flats in NOIDA which at present becomes premium and valuable holding should not be permitted to go unnoticed. We are not inclined to issue any direction to the State Government to hold a general enquiry in respect of the allotment made long back. However, on specific instances being brought before the NOIDA Authority, we direct the respondent no.2 to take appropriate action in accordance with law. The petitioner will provide the details of the specific instances within two weeks from today and the NOIDA Authority, respondent no.2, will take appropriate action in accordance with law within six weeks thereafter. However, if the petitioner fails to give the said details within two weeks from today, the NOIDA Authority shall not be under any obligation to hold any enquiry or to take any action. The writ petition stands disposed of. " ;