ASHISH TANDON Vs. GREATER NOIDA INDUSTRIAL DEVELOPMENT AUTHORITY

JUDGEMENT

(1.) Heard learned counsel for petitioner and Sri Pradeep Kumar, learned counsel for respondents.

(2.) By this writ petition, the petitioner has prayed for a direction to the respondents to impose and accept the extension charge according to Clause P of the lease deed dated 30-12-1998, and to extend the time for completion of the constructions of the building over Plot No. 1, Block-F, Sector Alfa, Greater Noida, Gautam Budh Nagar. He has also prayed for a direction to calculate the total premium of the plot at the rate which was provided at the time of execution of lease deed.

(3.) The Greater Noida Industrial Development Authority (in short the Authority) is a body corporate constituted under Section 3 read with Section 2(d) of the U.P. Industrial Area Development Act 1976. The petitioner was allotted Plot No. 1 situate in Block-F in Sector Alfa, Greater Noida by Greater Noida Industrial Development Authority, measuring 200 square meters for construction of residential building. A lease deed dated 30-12-1998 was executed by the Authority in favour of the petitioner for a period of 90 years commencing from the date of execution of the lease deed at a premium of Rs. 94,248/-. Clause II (p) of the lease deed provides that the lessee shall have to erect and complete the building on the leased land within a period of three years from the date of execution of the lease deed, unless extension is allowed by the lessor in exceptional circumstance and on such conditions as it may impose. The lease deed further provides in Clause II(q) that in case the lessee does not construct the building within the time provided for above, the deed of lease will be void and his interest in the property will determine. However, in exceptional circumstances extention can be allowed by the lessor or any officer authorised by him subject to fulfilment of such conditions, charges as he may impose for the same.