GREATER NOIDA INDUSTRIAL DEVELOPMENT AUTHORITY Vs. BHAGIRATH SEWA SANSTHAN

JUDGEMENT

(1.) HEARD learned Counsel for both the parties at length and perused the entire record before us.

(2.) THE core issue which requires our determination and which is the main bone of contention between the parties is as to whether the interest to be levied upon the complainant/allottee of the plot No.19 measuring 8190 sq. metres Greater Noida has to be reckoned with from the date of initial allotment -cum -intimation letter dated 16.3.1999 as pleaded by the appellant authority or it is to be calculated w.e.f. 16.9.1999 i.e. from the date of the revised allotment -cum -intimation letter as pleaded by the respondent/ complainant?

(3.) THE facts which are not disputed would indicate that plot No. 19 having an area of 8190 sq. metres was allotted to Bhagirath Sewa Sansthan for establishment of integrated Higher Secondary School at Greater Noida at the rate of Rs.625.00 per sq. metre. Out of this land, 4047 sq. metres land had to be given free of cost for play -ground and the total price of the land which was the subject matter of realisation, as the lease -rent and the premium amount was Rs.25,89,375.00. What is more important to note as admitted to both the parties, they are ready and willing to execute their part of performance in accordance with the allotment dated 16.9.1999. However, a difference of opinion arises out of this allotment letter of September 16,1999. A careful reading of this letter would show that the Greater Noida insisted for treating the crucial date of allotment -cum -intimation letter as 16.3.1999 whereby a larger chunk of land measuring 8,190 sq. metres of land was allotted to the complainant with 4,047 sq. metres of the land to be allotted free of cost i.e. for playground.