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2007 Supreme(All) 1294

DILIP GUPTA, ANJANI KUMAR
SEEMA KOCHHAR – Appellant
Versus
GREATER NOIDA DEVELOPMENT AUTHORITY – Respondent


Advocates:
Counsel :
R.N. Singh and Kundan Rai for the Petitioner; Pradeep Kumar for the Respondent.

JUDGMENT

By the Court.—The petitioner, who had been allotted a constructed built up area measuring 250 sq. meters by Greater Nodia Development Authority (hereinafter referred to as the ‘Authority’), has filed this petition for a direction upon the Authority to issue a ‘no objection certificate’ in favour of the respondent-Bank for mortgaging the said property and for a further direction upon the Authority to enter into a tripartite agreement with the Bank for raising loan to facilitate the petitioner to deposit the amount of Rs. 34,60,400/- demanded by the Authority by the letter dated 18th December, 2006. An alternative prayer for a direction upon the authority to convert the cash down payment as demanded by the letter dated 18th December, 2006 into hire-purchase for three years has also been sought.

2. The Authority issued an advertisement in the year 2006 inviting applications for built up houses for various plot sizes. In the terms and conditions, it was provided that the mode of allotment was to be done by draw of lots which was to be done first for allottees opting cash down scheme (A-5.1) and then for the remaining houses, if any, for installment plan (A-5.2). A-5.1 plan requi













































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