JAIKISHAN AGGARWAL Vs. GREATER NOIDA INDUSTRIAL DEVELOPMENT AUTHORITY

JUDGEMENT

(1.) We have heard Shashi Nandan and B. Dayal Senior Advocates assisted by Sri Sudeep Harkauli for the petitioner. Sri Ramendra Pratap Singh appears for respondent Nos.1 and 2 - Greater Noida Industrial Development Authority. Learned standing counsel appears for State respondent.

(2.) The petitioner is a totally blind senior citizen. He applied for allotment of a plot, in response to an advertisement issued by Greater Noida Industrial Development Authority, Gautam Budh Nagar (in short, GNIDA) in a scheme for establishment of institutions i.e. Engineering/Medical/ Vocational Institutes/Centre forPperforming Arts, Social & Cultural Centres, Entertainment/Leisure Complexes, Corporate Plazas/Office Complexes, and any other Specialised Institutional/Commercial activities in Grater Noida area for 90 years of lease, on as is where is basis. He deposited Rs.10,000/- as registration amount. A letter was issued to the petitioner on 18.12.2001 by the Officer on Special Duty, GNIDA, reserving 2,000 sq. mt of land in Grater Noida for establishment of a 'Social and Cultural Centre', on a total premium of the plot at Rs.12,80,000/- (Rupees Twelve Lakhs Eight Thousand only). The petitioner was required to deposit 10 % of the total premium of the plot, amounting to Rs.1,28,000/- which includes the amount of Rs.10,000/- deposited towards registration fee, within thirty days. The petitioner deposited 10 % of the total premium on which a letter of allotment was issued on 16.01.2002, reserving a plot in his favour.

(3.) By the letter of allotment dated 18.12.2001, the Officer on Special duty, GNIDA, confirmed the reservation letter of a plot measuring 2000 sq. mtr for establishment of a 'Social and Cultural Centre', providing that allocation of plot shall be intimated to the petitioner in due course of time. According to payment schedule given in the letter of allotment, the petitioner was required to deposit Rs.2,56,000/- (20 % of the total premium) as allotment money by 17.03.2002. The remaining amount was to be deposited in 12 six monthly instalment of Rs. 1,12,810/- each beginning from 15.09.2002 to 15.03.2008. Clause 4 of the allotment letter provided that the allottee will be required to complete the constructions within one year from the date of allotment.