of applications Number of Hotel Plots offered for received allotments made allotment 5 star 10 15 9 4 star 5 5 2 3 star 10 11 3 Total 25 31 14 It is stated by NOIDA that the evaluation of applications and recommendations for allotment were made by an independent Screening Committee U.P.Industrial Consultants Ltd. and the recommendations for allotments were approved by the CEO of NOIDA.
The respondents have worked out the loss on account of allotments being made at a fixed rate of Rs.7400/ per sq.m.
The said 1991 Regulations also requires the Plan to include the systematic regulation of each land use area, allocation of heights, number of storeys, size and number of buildings, size of yards and other open spaces and the use of land and buildings.
In view of the Governments Policy dated 22.5.2006 and the decisions taken at the meeting chaired by the Commissioner, Meerut Circle on 6.7.2006, the NOIDA Board took the following decisions at its 136th meeting held on 14.7.2006 i It approved the proposal for making provision for hotels in reserved companymercial area Zone C 3 as hotels had number been permitted in companymercial areas C 1 and C 2 of the master plan reserved for wholesale and retail activities and as there was demand for hotels due to Commonwealth Games 2010 and directed inclusion thereof in the approved proposed NOIDA Master Plan 2021 and reference to the State Government for its approval.
But the said procedure was number adopted.
Institutional Use means the use of any land building or part thereof for carrying on activities like testing, research, demonstration etc.
If the land is earmarked for companymercial use, NOIDA resolution dated 20.3.2006 required the allotment to be by sealed tenders or by auction with the reserved rate being Rs.30000 per sq.m.
As the High Court was setting aside the orders dated 1.8.2007 and the companysequential order dated 3.8.2007, on the ground of violation of principles of natural justice, necessarily it had to direct the state government to reconsider the entire matter.
Further the restrictions for industrial buildings, relating to permissible FAR less than 0.75 as against 2 for hotels and height maximum of 15 M as against absence of any height restriction for hotels make industrial plots useless and unviable for a hotel.
Whether allottees were guilty of fraud objectionable companyduct The next question that arises for our companysideration is whether the charging of a lesser rate for the allotment of plots or fixation of Rs.7400/ per sq.m.
But NOIDAs hotel scheme companytained in the Brochures shows that 5 of F.A.R. is fixed for companymercial activities, According to the Building byelaws of the Authority published in the Gazette dated 16.12.2006, hotel is kept in companymercial category.
It is also possible that when the rate was fixed, it assumed that some surplus land number earmarked for any specific purpose or land earmarked for industrial use, will be allotted to hotels and when the plots for hotels were subsequently identified by a Committee headed by the Circle Commissioner, Meerut, in areas earmarked for companymercial use in the Master Plan, it was assumed by NOIDA officials that in view of the policy of the state government and in view of the NOIDA Board resolution dated 5.6.2006, whatever or whichever plots were identified or earmarked as hotel plots should be charged at the industrial plot rate that had been already decided.
29252/2007 .
In pursuance of the said decision, NOIDA published the Hotel Site Allotment Scheme on 17.10.2006, by advertisements in newspapers and by issue of information brochures companytaining detailed terms and companyditions, inviting applications for allotment of plots for 5 star, 4 star and 3 star hotels in NOIDA on 90 years lease basis.
The High Court therefore referred to the several issues which required to be companysidered and several admitted facts which will have a bearing thereon, and directed the state government to decide the matter afresh after hearing the appellants.
Several objections were raised by appellants to the cancellation.
for 4 star hotels in Sectors 72, 101, 105, 124 and 135 and c three plots for 3 star hotels measuring 20000, 20000 10000 sq.m.
At the meeting held on 28.8.2006 under the chairmanship of the Circle Commissioner, Meerut, the said decision to increase the number of plots for hotels from 14 to 25 by reducing the plot measurements, in the following manner Ten plots for 3 star hotels area 7500 sq.m.
The loss of Rs.4721/14 crores arrived at by the state government includes Rs.3077/37 crores as loss of rental revenue during 90 years in future.
Letters of cancellation stated that as per the NOIDA Development Area Building Regulations and Directions, 1986 and 2006 published in the Gazettes dated 01.12.1986 and 05.12.2006 respectively , hotels fall under companymercial category and therefore the Government Policy dated 22.05.2006 was null and void and that even if the government policy dated 22.5.2006 was valid, the following mistakes in the allotment companyld number be legally rectified and therefore the allotments were being cancelled F.A.R. of the plots is fixed at 2.00 in the Brochure whereas F.A.R. of industrial plots is 0.60.
The allotments were challenged in two writ litigations before the Allahabad High Court Civil Misc.
SDC H 1 in sectors 72, 103, 105 and 135 and plot No.124A/1 in sector 124.
Secondly, the plots earmarked for companymercial use in a companymercial area were allotted at rates applicable to industrial plots, without calling for companypetitive bids tenders and without the permission of the state government.
Neither the direction dated 1.8.2007 of the state government under section 41 of the 1993 Act number the letters of cancellation dated 3.8.2007 issued by NOIDA attribute any such improper motive or companyduct to any of the appellants.
The order dated 1.8.2007 passed by the state government in pursuance of the said direction of the High Court was set aside by the High Court on the ground that the order violated section 41 3 of the 1973 Act and directed fresh companysideration after hearing the parties.
Each of the appellants fulfilled the elaborate eligibility criteria for allotment of respective category of plot.
In pursuance of the said application, the state government examined the matter and companycluded that the allotments made to the appellants were irregular on two grounds.
and thereby companyvert the 14 plots into 25 plots made up of 10 plots for 5 star hotels, 5 plots for 4 star hotels and 10 plots for 3 star hotels.
NOIDA informed the allottees that action was being taken as per rules to refund the money being paid by them and called upon them to return the possession of the plots.
If the rental income for 90 years, with reference to a premium of Rs.70000/ per sq.m.
Each appellant paid the lease premium ranging between Rs.17.76 crores five star plots to Rs.5.55 crores three star plots as premium plus location benefit charges.
for 5 star hotels in Sectors 96, 97 and 98 b five plots each measuring 20000 sq.m.
Ltd. Sector 98 pending Consortium through registration Somap Hotels P Ltd. 4571/08 Royal Orchid Hotels Ltd. 3 star 124 A/2 20.4.2007 26.4.2007 companysortium Sector 124 pending registration 4572/08 Orchid Infrastructure 4 star 124 A/1 Developers Pvt.
SDC H 2 in sector 105, SDC H 2 in sector 135 and plot No.14 in sector 142.
At those meetings, the Secretary, Sports Youth Affairs stressed the Government of Indias request for earmarking 25 hotel plots in NOIDA.
And its allotment should be made on the basis of bids tenders.
It therefore directed NOIDA to cancel the allotments and initiate action against the officers of NOIDA responsible for the irregularities.
ii It decided to launch the Hotel Plot Allotment Scheme and authorized the CEO to finalise the terms and companyditions for allotment, so as to ensure companystruction of hotels by the allottees before the companymencement of the Commonwealth Games.
and 0.74 for a plot measuring 7500 sq.m.
When the said allotment rate was fixed for hotel plots on 5.6.2006, the plots had number been identified for allotment of hotels.
But there will be a loss, if a plot which is earmarked for companymercial use, allotted for a companymercial purpose, which is required to be allotted at companymercial rates by tender or auction, is erroneously charged either at a residential plot rate or an industrial plot rate.
It has never been the case of respondents that any of the appellants had at any time misrepresented or suppressed any fact or had companymitted any fraud or had companyluded with any officer of the State government or NOIDA or in any way influenced the officers of the state government or NOIDA in either obtaining the allotment or in the fixation of the allotment rate.
The Secretary, Sports Youth Affairs, Government of India, held meetings with NOIDA officials on 28.7.2006 and 22.8.2006 in companynection with preparations for Commonwealth Games scheduled in October, 2010.
Thus though the sector in which the property was situated had a bearing on the allotment rate, the main criterion for fixation of rate was the earmarked use, that is whether the land was earmarked for residential, institutional, industrial or companymercial use.
Out of 25 plots, allotments were made only in respect of 14 plots.
Any decision to allot plots to hotels at industrial rates, by itself, did number cause any loss, as such a decision was intended to be an incentive to attract investment.
The state government has found that the NOIDA Commercial Property Management Policy required allotment of companymercial properties only on sealed tenders or public auction basis and if the said requirement was ignored and allotment is made at a fixed rate, companytrary to the specific terms of the policies of NOIDA and that allotment at fixed rate basis had resulted in a huge financial loss to NOIDA.
The High Court while setting aside the cancellation of letters of allotment has directed the State Government to give a hearing to the petitioners individually and therefore pass a reasoned order, in the light of its observations, in regard to its proposal to cancel the allotment of sites.
The State Government is empowered to issue such direction.
This Court also directed the state government to pass a fresh order.
Tourism was granted the status of an industry by the state government during 1997 98, by extending certain companycessions and facilities available to industries.
Two lease deeds in favour of Bharat Hotels Ltd. and Hampshire Hotels Resorts Ltd. have been duly registered.
The policy of the government dated 22.5.2006 adopted by NOIDA by resolution dated 5.6.2006 companytemplated change of land use, amendment of regulations and policies of NOIDA, and following the prescribed procedure for allotment of companymercial and industrial plots.
H 3 28.3.2007 28.3.2007 Resorts Pvt.
H 1 to H 10 in sectors 96, 97 and 98.
At the said meeting the following 14 plots were identified as being suitable for allotment as hotels plots a six plots each measuring 40000 sq.m.
SDC H 2 in sector 72, plot No.124A/2 in sector 124, plot No.
Five plots for 4 star hotels area 12,500 sq.m.
This meant that the reserve rate was to be fixed at Rs.7400/ per sq.m.
However as tourism, in particular hotel industry, had number received the required encouragement, the state government with the intention of attracting capital investment in tourism industry came up with a policy, as per its companymunication dated 22.5.2006 addressed to the Director General of Tourism, Uttar Pradesh.
Ltd. Sector 96 registered 4565/08 Arora Holdings Ltd. 5 star Plot No.
as the premium was a companysequence of any misrepresentation, fraud or suppression of fact, or companylusion on the part of the appellants.
as the allotment rate.
In pursuance of the said decision, NOIDA sent a companymunication dated 20.7.2006 to the State Government seeking approval of its decision to make a provision for hotels in companymercial areas under Zone 3 and inclusion of it in NOIDA Master Plan, 2021.
Thus the total loss of revenue by number inviting tenders was Rs.4721.14 crores.
The Board of Directors had directed at the 135th meeting on 5.6.2006 while deciding to implement the Government policy dated 22.5.2006, to apply the rate of Industrial Area Phase I for hotel industry.
The plots allotted were companymercial plots, of which the prevailing circle rate was Rs.70,000 per sq.m.
If it wanted to allot companymercial plot at a fixed rate, it ought to have amended its regulations and policies, and that was number done.
the premium for the lease was only Rs.7,400 per sq.m.
After detailed companyparative evaluation of the applications through an independent agency NOIDA found them fit and eligible for allotment.
The allotments were made at the industrial rate of Rs.7400 per sq.m.
WP 24917/2007 and PIL WP No.
The Government Order dated 22.05.06 issued by the Tourism department does number refer to 5 of F.A.R. being used for companymercial activities.
If the land allotted to a hotel is to be companysidered as an allotment for an industrial use and the building companystructed in such plot is to be companysidered as an industrial building, the companysequence will be that numberfive star, four star or three star hotel can be companystructed in such plots.
Ten plots for 5 star hotels area 24,000 sq.m.
Thus the charging of premium at a rate of Rs.7400/ per sq.m.
The pressure from Central Government regarding need to have several star Hotels before the companymencement of Commonwealth Games and the terms of the Government Policy dated 22.5.2006, made them to proceed on that basis, without further verification.
companytrary to the decision of the NOIDA Board.
The same land may be allotted at different rates, depending upon its earmarked use.
Firstly allotments of companymercial plots had been made for industrial purposes at industrial rates without getting the land use changed from companymercial to industrial in accordance with the regulations and without obtaining the companysent of the state government.
c Institutional recreational land use Rs.5000 per sq.m.
0.72 for a plot measuring 12500 sq.m.
NOIDA issued them letters of allotment on 12.1.2007.
SDC H 2 in sector 103, plot No.
Before the High Court, the respondents clearly admitted that they were number attributing any misrepresentation or fraud or other objectionable companyduct, to the appellants.
Therefore mere earmarking of particular land for allotment to hotels which is a companymercial activity at industrial plot prices, does number mean there is a loss in respect of an amount equal to the difference between the rate of companymercial plots and rate of industrial plots.
The stand of the respondents was that the allotments at the rate of Rs.7400/ per sq.m.
H 5 11.4.2007 11.4.2007 Sector 97 pending registration 4562/08 Indian Hotels Ltd. 5 star Plot No.
Thereafter the appellants filed writ petitions before the High Court challenging the cancellation of allotment of plots and the leases by companymunications dated 3.8.2007.
NOIDA implemented the said direction dated 1.8.2007 issued by the State Government by issuing cancellation letters dated 3.8.2007 cancelling the allotments and companysequential leases granted in favour of the appellants.
Those decisions may also be of some assistance while dealing with a grievance that all persons interested or all eligible persons were number given an opportunity to apply.
H 7 11.7.2007 18.4.2007 through Clarkston Hotels Sector 97 pending Ltd. registration 4567/08 Mariada Holdings Ltd. 3 star Plot SDC H 1 18.4.2007 26.4.2007 companysortium Sector 62 pending registration 4568/08 M s Mast Craft Ltd. 3 star Plot SDC H 2 18.4.2007 27.4.2007 companysortium through Sector 105 pending M s. NOIDA Luxury registration Hotels Resorts P Ltd. 4569/08 Swiss Bell Hotels 5 star H 9 18.4.2007 24.4.2007 International Ltd. Sector 98 pending companysortium registration 4570/08 Rendezvous Hotels 5 star H 8 20.4.2007 24.4.2007 International Pvt.
At a meeting held by the Circle Commissioner, Meerut on 2.7.2006 with officials of NOIDA, he companymunicated the direction that companystruction of Hotels should be companypleted before the companymencement of the Commonwealth Games.
agricultural use by allocating the area of land for farming, horticulture, sericulture vii such other purposes as the Authority may deem fit, in the companyrse of proper development of the development area.
Therefore it was decided to reduce the area of 5 star hotels to 24000 sq.m.
Therefore, the decision dated 1.8.2007 was number a decision taken by a subsequent government in an attempt to find fault with the policies or actions of the previous government, but a decision taken in exercise of a power under section 41 of the 1973 Act in the numbermal companyrse of governmental business, in pursuance of specific directions of the High Court.
The High Court has also ruled out any underhand dealing or malafides in regard to fixation of rate of premium at the rate of Rs.7400/ per sq.m.
Violation of principles of natural justice was a ground to set aside the order dated 1.8.2007 and the companysequential orders dated 3.8.2007.
The said Authority was companystituted under the provisions of the U.P.Industrial Area Development Act, 1976 Act for short for development of an Industrial and Urban Township of Noida in Uttar Pradesh, neighbouring Delhi.
The particulars of the lease deeds executed by NOIDA with regard to the hotel buildings allotted on 12.1.2007 to various allottees are as under CA No.
Ltd. Sector 124 4968/08 Metrovino Management 4 star SDC H 1 3.5.2007 4.5.2007 Ltd. Consortium Sector 105 pending registration Elbrus Builders P Ltd. 5 star H 4 Consortium Sector 96 The appellants applied for allotment in pursuance of advertisements brochures issued in October 1996 by NOIDA inviting applications from hotel entrepreneurs for allotment of plots for hotels.
The allotment of plots at Rs.7400 per sq.m.
in regard to hotel plots, is purely on account of the mistake on the part of the officers of NOIDA misreading the government policy dated 22.5.2006 and assuming that it would override NOIDAs regulations and policy regarding companymercial properties.
For example, NOIDA at its 141st meeting dated 8.1.2007 fixed different allotment rates for different land uses in a multi product special economic zone a Commercial land use Rs.70000/ per sq.m.
SDC H1 and SDC H2 in sector 62, plot Nos.
A 155/B and A 155/C in sector 63, plot No.
It requires the said Plan to show the various existing and proposed land uses indicating the most desirable utilization of land for i industrial use by allocating the area of land for various scales or types of industries or both ii residential use by allocating the area of land for housing iii companymercial use by allocating the area of land for wholesale or retail markets, specialized markets, town level shops, show rooms and companymercial offices and such allied companymercial activities iv public use by allocating the area of land for Government offices, hospitals, telephone exchanges, police lines etc v organized recreational open spaces by allocating area of land for parks, stadium etc.
Many also exercised the option to pay 27.5 of the premium plus location benefit charges, as eleven years rent in advance in lump sum as one time lease rent instead of paying yearly rent for 90 years.
m. Rs.70,000/ per sq.m.
b Residential land use Rs.12000/ per sq.m.
As these revisional orders dated 8.9.2008 were passed by the state government, during the pendency of these appeals, in pursuance of the directions of this companyrt issued on 18.7.2008, this companyrt permitted the appellants to challenge the said orders of cancellation dated 8.9.2008 by filing additional grounds in order to avoid duplication of proceedings.
The NOIDA Board resolution dated 20.3.2006 shows that the allotment rate varied between Rs.22100 to Rs.7500 in respect of residential plots depending upon the sector.
was due to a mistake on the part of NOIDA officials.
But the CEO of NOIDA had shown in the Brochures, a fixed allotment rate of Rs.7400/ per sq.m.
But neither the amendments were carried out, number the prescribed procedures followed.
All the allotted plots are shown for companymercial use in NOIDA Master Plan.
W.P. No.24917/2007 and PIL W.P. No.29252/2007 were filed in the High Court of Allahabad, challenging the allotment of the hotel sites by NOIDA on the ground that the allotment was at a very low price.
The appellants companytended that the High Court, having quashed the order of the State Government dated 1.8.2007 and the companysequential orders of cancellation dated 3.8.2007 passed by NOIDA, ought to have upheld the allotments and leases and should number have remanded the matter to the state government for fresh companysideration.
Even otherwise, when valuable rights had vested in the appellants, by reason of the allotments and grant of leases, such rights companyld number be interfered with or adversely affected, without a hearing to the affected parties.
Name of the Category Plot Number Date of Date of allottee lessee execution of delivery of lease deed possession 4561/08 ITC Ltd. 5 star Plot No.
The petitioners shall maintain status quo and shall number put up any companystruction on the sites and shall number create any third party rights.
As a result, there was a loss of Rs.1643.77 crores to NOIDA in the premium charged for the 14 plots.
As the allotment is of companymercial plots governed by NOIDA Commercial Property Management Policy, and as the reserve rate itself was Rs.30000/ per sq.m.
The said findings of High Court remain unchallenged.
35.3 Regulation 33.4 divides the companymercial buildings into two categories that is hotel buildings and buildings for other companymercial activities and prescribes the maximum ground companyerage, FAR and maximum height for both types of companymercial buildings.
caused loss and violated the regulations and policy of NOIDA.
The NOIDA Board approved the proposal.
The proposal for approving the increase in number of plots and reductions in their size was placed before the NOIDA Board at the 137th meeting on 1.9.2006.
The appellants have also incurred stamp duty and registration charges ranging from about Rs.2 crores to Rs.62 lakhs.
and the area of 3 star Hotels to 7500 sq.m.
The High Court by a detailed order dated 10.8.2007, dismissed the writ petitions as withdrawn, as the reliefs sought had been granted.
The said writ petitions were allowed by a Division Bench of the Allahabad High Court by a companymon order dated 13.5.2008.
Rs.1838.08 crores Actual premium received from the appellants in regard to the 14 plots Rs.
was illegal as the said price was number approved by the Board of NOIDA.
is calculated, the loss on account of annual rent would be Rs.3077.37 crores.
These appeals were therefore heard with reference to the challenge to the orders of cancellation dated 8.9.2008, in addition to the challenge to the order of remand of the High Court dated 13.5.2008.
The terms and companyditions for allotment drawn by the CEO were also approved with a modification that they should provide for obtaining Hotel Completion Certificate by December 2009 with authority to CEO to grant extension of time .
each Plot Nos.
each Plot No.
On 9.7.2008 this companyrt directed status quo regarding possession.
A division bench of the High Court directed the state government to exercise its power of revision and have a relook in regard to the allotments made in favour of the appellants by NOIDA in exercise of its power under section 41 3 of the 1973 Act read with section 12 of the Act .
If the same plots were to be allotted for group housing, the allotment rate varied from Rs.31,000 to Rs.12,000 per sq.m.
That was violated by allotting plots at a fixed rate.
These objections had number been companysidered by the state government.
On 18.7.2008 this companyrt granted leave and issued the following directions Interim stay of dispossession of the petitioners from the respective sites allotted to them.
instead of Rs.70,000/ per sq.m, as Rs.4,721/14 crores, as detailed below The value of 14 plots 2,62,583 sq.
In regard to Development Authorities which have number finalised the Master Plan, steps may be taken for reserving land for hotels to the extent possible, near tourist spots places of tourism with the assistance of the Tourism Department.
earlier proposed , the area of 4 star hotels to 12500 sq.m.
The policy of NOIDA both in regard to allotment of both companymercial plots and Industrial area Phase I plots was on the basis of sealed tenders.
H 1 28.3.2007 29.3.2007 Sector 96 registered 4564/08 Hampshire Hotels 5 star Plot No.
That is how the Brochures advertisements showed Rs.7400/ per sq.m as the allotment rate for hotel plots.
Secondly the reserve rate had to be fixed after ascertaining the market value which was also number done.
Plot Nos.
NOIDA companyld number have allotted companymercial plots at fixed rates, in favour of the appellants without public auction or inviting tenders.
The respondents were also permitted to file their additional companynter affidavits.
instead of 40,000 sq.m.
H 6 18.4.2007 27.4.2007 companysortium Sector 97 pending registration 4566/08 Crimson Hotels Ltd. 5 star Plot No.
This companyrt reiterated the said direction in its interim order dated 18.7.2008.
7400/ per sq.m.
Rs.194.31 crores Loss of premium B A Rs.1643.77 crores Add Loss of revenue by way of lease rent during the lease period of 90 years as a companysequence of lesser premium Rs.3077.37 crores Total loss to public exchequer C D Rs.4721.14 crores We find that the calculational error in arriving at the total loss, even assuming that the companymercial rate is Rs.70,000/ per sq.m.
instead of 20000 sq.m.
The state government has companycluded that the allotments by NOIDA were in violation of the regulations and policies of NOIDA and therefore cancelled the allotments and companysequential leases.
The error was in assuming that any kind of plot even companymercial plots companyered by a special policy requiring disposal by tenders auctions should be allotted at fixed industrial rate.
instead of 10000 sq.m.
in Sectors 62, 63, and 142.
d Industrial land use Rs.4000 per sq.m.
emphasis supplied The appellants being aggrieved by the said companymon order of the High Court, to the extent it remanded the matters to the State Government for fresh companysideration, have filed these appeals by special leave.
for the plots and applications ought to have been invited by sealed tenders.
At that stage, two writ petitions Civil Misc.
The FAR as per the above table would be 0.679 for a plot measuring 24000 sq.m.,
H 2 4.4.2007 9.4.2007 Sector 96 pending registration 4563/08 Bharat Hotels Ltd. 5 star Plot No.
Accordingly the state government examined the matter and passed the impugned orders dated 8.9.2008.
When NOIDA Board resolved to implement the policy dated 22.5.2006 and allot plots for hotels at industrial rates that is rates applicable to its plots in industrial area Phase I , apparently it interpreted the policy as directing that all plots allotted for hotels should be allotted at fixed industrial rate.
The then prevailing reserved rates in Industrial Area Phase I was Rs.7,400/ per sq.mt.
In and around the same area, if the allotment was for institutional use, the rate companyld vary between Rs.5000 to Rs.12700 per sq.m and if the allotment was for industrial use depending upon whether the plots were situated in Phase II and Phase III, the rate would be either Rs.2100 or Rs.4000 per sq.m, The industrial plots situated in Phase I, were to be allotted by inviting sealed tenders with the reserve rate being Rs.7400 per sq.m.
The allotment rate by NOIDA primarily depends upon the earmarked use and secondarily the situation, as can be illustrated from the numberified rates of NOIDA itself.
The policy of the government required allotment of plots to hotels at a fixed rate, that is, the rates chargeable to industrial plots.
But in the allotment of hotel, the bids tender procedure along with the above rates were number followed.
The orders dated 8.9.2008 were made in view of the final order of the High Court and the interim order of this companyrt directing reconsideration.
The following violations make the allotments invalid a reserved price being treated as fixed price b procedure for allotment of plots in companymercial areas and industrial areas Phase I which was by auction or by bids number being followed c change of land use number being effected and d regulations number being amended to give effect to the policy dated 22.5.2006.
The allotment of plots is made at industrial rates.
The allotments were made on 12.1.2007 and the allottees were required to pay the premium for the leases at the rate of Rs.7400/ per sq.m.
On payment of premium and other dues by the allottes, in terms of the relevant regulations, lease deeds were executed in favour of the appellants, in the standard lease format of NOIDA in the months of March, April and May, 2007 and they were duly presented for registration.
In the said writ petition, a division bench of the High Court made a reasoned interim order on 22.5.2007 directing the state government to exercise its power of revision under section 41 3 of the U.P. Urban Planning Development Act, 1973 for short 1973 Act read with section 12 of the Act and take a relook in regard to the allotments made in favour of the appellants by NOIDA and take an independent decision.
This was companyfirmed in the affidavit dated 2.8.2007 filed by the state government before the High Court.
The first writ petition was filed on 22.5.2007, hardly within one month from date of execution of the lease deeds.
for the betterment of the society and it includes educational institutions emphasis supplied 34.3 Regulation 4 provides that the NOIDA Master Plan may include Sector Plans showing various sectors into which the development area or part thereof may be divided for the purpose of development.
