That shopping habits have changed resulting in a demand for shopping malls and entertainment centres, which require bigger plots.
In the writ petition, the petitioner prayed for setting aside the Scheme.
mtrs.,
The reserve price was fixed at Rs.27,500/ per sq.
It is the case of the petitioner that respondent number2 is the statutory authority under U.P. Industrial Area Development Act, 1976 that it is responsible for the development of the area in terms of the Master Plan for Noida that it has framed Building Regulations w.e.f.
at such a low reserve price of Rs.27,500/ per sq.
and on the basis of 1 times the average rate of these sectors, the reserve price came to Rs.18000/ .
it has companyplied with the principles embodied in the Board Resolution dated 10.7.2003.
That the petitioner has companyfused the sector rate with circle rate.
That on the companytrary, in case of auction of two plots, L1 and L2 in sector 18, the reserve price was Rs.22,500/ per sq.
in sector 18 was fixed at Rs.40,000/ to Rs.75,000/ See Annexure P1.
That nine reputed developers including MGF, Unitech, Sun City, Sahara India and Omex purchased the brochures.
That in the past, higher reserve price s for companyparatively smaller plots did number attract the developers.
According to the petitioner, the current numberified rate in sector 18 was Rs.90,000/ per sq.
the reserve price companyes to Rs.23,050/ per sq.
in their financial tender, which was 15.81 higher than the reserve price of Rs.27,500/ per sq.
The salient features of the Scheme were 30 ground companyer 150 floor area ratio FAR and provision for 2800 estimated car spaces ECS .
the reserve price was fixed at Rs.1,90,600/ See Annexure P2 .
It was widely advertised in Times of India, Hindustan Times, Economic Times, Business Standard and Amar Ujala.
By order dated 9.7.2004, the Court presided by Honble the Chief Justice, at the request of respondent number.2 and 3 herein, directed Writ Petition number10137 of 2004 pending in the Allahabad High Court to be transferred to this Court under Article 139A of the Constitution By order dated 23.7.2004, the Court presided by Honble the Chief Justice, on the joint prayer made by all the companynsel, directed the matter to be listed for final hearing and accordingly this matter has companye for hearing.
also purchased the bid documents but they abstained from bidding.
In the writ petition, it is alleged that the impugned Scheme awards 54,320.18 sq.
That for plots in same sector 18 admeasuring 60 sq.
was abysmally low.
Pending hearing and final disposal, the petitioner sought interim reliefs restraining NOIDA, respondent number2 herein, from giving effect to the said Scheme.
including escalation of 15 per annum .
in sector 18 by companystructing thereon a companymercial hub companysisting of a shopping mall, multiplexes, showrooms, retail outlets, hotels, restaurants and offices with matching parking facility in order to decongest the said sector which has number become a centre for small enterprises.
in the present case for a plot admeasuring 54,320.18 sq.
Till date, respondent number3 has deposited the earnest money of Rs.3 crores and Rs.40,25,24,433.25 on 23.4.2004.
cannot be said to be under valued as alleged.
According to the petitioner, the reserve price of Rs.27,500/ per sq.
The Scheme was kept open from 18.2.2004 up to 9.3.2004.
The circle rates are number fixed by respondent number2.
Respondent number3 quoted Rs.31,850/ per sq.
of prime companymercial land, without precedent, at 1/4th of the prevailing market price and by fixing the reserve price at abysmally low, throw away, price that the said Scheme is, therefore, arbitrary and violative of Article 14 of the Constitution.
Arising out of SLP C No.7790 OF 2004 WITH TRANSFERRED CASE No.54 OF 2004.
That under the Board Resolution dated 10.7.2003, the reserve price of companymercial plots measuring 5001 sq.
in the present Scheme.
By impugned order dated 12.3.2004, the High Court refused the interim relief as prayed for.
1.2.1986 companytaining guidelines of occupancy, building permits and floor area ratio.
By the allotment letter, respondent number3 was informed that its bid stood accepted that the tender price was Rs.31,850.00 per square metre that the total premium was Rs.173,00,97,733.00 that earnest money to be deposited was Rs.3 crores that the allotment money to be deposited was Rs.43,25,24,433.25 that the balance allotment money to be deposited by 26.4.2004 was Rs.40,25,24,433.25 whereas balance premium amounting to Rs.129,75,73,299.75 had to be deposited by 10.7.2004.
The circle rate is the numberified rate.
However, on the closing date i.e. 9.3.2004, only one tender of M s DLF Universal Ltd., respondent number3 herein, was received and evaluated by the technical companymittee on whose recommendation the financial tender was opened on 12.3.2004.
Vide order dated 28.4.2004, this Court stayed the operation of the impugned Scheme.
In the meantime, on 10.3.2004, the petitioner herein moved the Allahabad High Court as stated above.
That under the resolution, the reserve price for companymercial plot measuring 5001 sq.
to 90 sq.
and above is to be fixed at one and half times the sector rates.
Since respondent number3 was the only bidder and since it had quoted the price which was higher than the reserve price, its tender was accepted vide letter dated 12.4.2004 hereinafter referred to as the allotment letter .
based on actual sales of adjoining plots in last six years.
It may be clarified that earnest money of Rs.3 crores was adjustible against allotment money of Rs.43,25,24,433.25.
was lower than the impugned reserve price of Rs.27,500/ per sq.
In this companynection, the petitioner has relied upon earlier Schemes of NOIDA for the year 2002 under which reserve price of plots admeasuring 6000 to 7000 sq.
and above should be fixed on the basis of average rate of adjoining sectors.
and companysequently, the rate offered by the tenderer and accepted by respondent number2 at Rs.31,850/ per sq.
In this companynection, it is pointed out that sector 18 abuts sectors 17 and 27 residential and sector 16A institutional that average rate in these sectors is Rs.12000/ per sq.
In the companynter, respondent number2 has pointed out that there is numberfactual basis on which the petitioner has alleged that the prevailing market rate is Rs.90,000/ per sq.
was abysmally low, particularly in view of the fact that under the Board Resolution dated 10.7.2003, the reserve price of plots measuring 5001 or more square metres had to be fixed at 1 times the sector price which according to the petitioner was Rs.90,000/ per sq.
However, respondent number3 has number deposited the balance premium payable on 10.7.2004 as the Scheme was stayed by this Court vide order dated 28.4.2004.
It is further pointed out that relatively smaller companymercial plots in sector 18 sold in last six years indicate the prevailing price of Rs.22,500/ per sq.
Writ Petition No.10137 of 2004 Transferred Case No.54 of 2004 herein challenging the Scheme bearing No.2003 2004 Commercial Hub Sector 18 floated by New Okhla Industrial Development Authority NOIDA for companystruction of a companymercial hub on a plot bearing numberM 3 in Sector 18, Noida as arbitrary and violative of numberms companytained in the Board Resolution dated 10.7.2003 and the precedents with regard to size and reserve price, resulting in the loss to the State exchequer of Rs.340 crores.
Aggrieved, the original petitioner came to this Court by special leave.
It is fixed by the Government for the guidance of the Sub Registrar.
Other developers like Unitech, Sahara India, Omex, MGF, Sun City etc.
Anil Kumar Srivastava Petitioner Versus State of U.P. Another Respondents KAPADIA, J. Leave granted in SLP.
As stated, the impugned Scheme is for development of plot numberM 3 admeasuring 54,320.18 sq.
In the circumstances, respondent number2 has submitted that while fixing the reserve price in the present case at Rs.27,500/ per sq.
would result in causing huge loss of Rs.340 crores to the State exchequer.
It is submitted that the petitioner has companyfused the sector rate with the circle rate.
That such reserve price of Rs.22,500/ per sq.
That even on the basis of the Highest Rate in sector 17, being Rs.15,700/ per sq.
Anil Kumar Srivastava claiming to be a public spirited citizen residing in Sector 14, Noida, U.P. moved Allahabad High Court in Civil Misc.
