The Allahabad High Court has directed the Noida Authority to review the cancellation order of allotment of an institutional plot located in Sector 1.
The Division Bench of Justice Manoj Kumar Gupta and Justice Anish Kumar Gupta passed this order while hearing a petition filed by Pawan Hans Limited.
The petition under Article 226 of the Constitution is for quashing of an order dated 07.11.2024 cancelling the lease and allotment of institutional plot, Sector 1, Noida on the ground of breach of terms and conditions of the lease deed.
The petitioner has also challenged the demand notices issued to it from time to time by Noida demanding enhanced lease rent along with interest.
The Court noted that,
The ground of challenge is recorded in the court order dated 18.12.2024, which is as follows:-
“1. Ashish Kumar Singh, counsel for the petitioner submitted that at best the respondents can realise enhanced rent in terms of clause (c) of the original lease deed but cannot demand any interest inasmuch as there was no notice in the past for enhancement of rent nor any supplementary lease deed was got executed between the parties. The default clause would apply only in case the aforesaid formalities had been completed.
2. The submission appears to have force.
3. Kaushalendra Nath Singh, counsel for the respondent-Authority seeks time to obtain instructions.
4. Put up as fresh on 3.1.2025.
5. In the meantime, no coercive action shall be taken against the petitioner in pursuance of the impugned notice”
Kaushlendra Nath Singh, counsel appearing for Noida, submitted that the Noida is ready to revisit the matter subject to the petitioner depositing the admitted arrears towards enhanced lease rent.
Ashish Kumar Singh, counsel for the petitioner submitted that according to the calculation of the petitioner the arrears of enhanced lease rent would be around Rs 7,76,824/-.
Having regard to the submissions made, the Court disposed of the petition as follows:-
(a) The petitioner will deposit Rs 8,00,000/- in lump sum with Noida within two weeks from today.
(b) Upon deposit of the said amount, the impugned order would stand set aside.
(c) The Noida would pass a fresh order after hearing the authorised representative of the petitioner – company.
(d) Rights and liabilities of the parties would stand governed by the decision, as would be taken by Noida in compliance with the order.
(e) The amount deposited by the petitioner in pursuance of the order will abide by the decision that would be taken by the authority in compliance of the order.
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