RITU MAHESHWARI Vs. PROMOTIONAL CLUB

JUDGEMENT

(1.) Special leave granted, in both petitions. With consent of counsel for parties, the appeals were heard finally. The two appeals arise out of judgments of the Allahabad High Court. The first is dtd. 31/7/2019 (In Writ-C No.-56046 of 2013); the same appeal impugns an order dismissing the review petition filed against the first impugned judgment, dtd. 13/4/2021. The second appeal is directed against three orders (dtd. 12/2/2020, 24/8/2020 and 28/8/2020) issued in contempt proceedings (Contempt Application (Civil) No. 8214 of 2019), initiated by the respondent, against the appellant.

(2.) The brief facts of the case are that the appellant (hereafter referred to as Noida), published a scheme in 2010 (hereafter the old scheme) for allotment of industrial plots larger than 2000 sq. meters, in Phases II and III of the industrial area in Noida. The scheme was advertised. Application forms for registration of the available plots were available with a designated bank upon payment of Rs.5,000.00. The indicative price for plots measuring up to 4000sq. mtr. in Phase II was Rs.5550.00 per sq. mtr. and in Phase III for Rs.5750.00 per sq mtr. Under the terms of the scheme as spelt out by the brochure, apart from individuals, partnership firms were also eligible to apply for allotment. The applicants were to submit a processing fee of Rs.20,000.00 and registration money of Rs.8.00 lakhs for Phase II plots and Rs.10.00 lakhs for Phase III plots. Apart from these conditions, applicants had to furnish a project report, background detail of promoters, audited accounts and balance sheets and other relevant details. Allotment was to be made (per clause 2 (h) (i)) on the basis of interviews of registered applicants, by a screening committee, about the details of the project. The scheme was expressly open ended; therefore, under clause 2(i) in Appendix 1 to the scheme Noida could close it any time.

(3.) It is the common case of the parties that the club applied to the Noida Authority for two plots. Apparently, Noida decided to terminate the scheme, based upon its assessment of the feasibility of the scheme, in its meeting on 5/7/2012. This decision was published and made known to all concerned including the club through the public domain on 12/7/2012. Thereafter, Noida sought to refund the amount deposited by the club to it.