By the Court.—The petitioner, a Society, registered under the Societies Registration Act, in October, 2001 submitted that its bid for allotment of a parcel of land bearing No. D-13, Sector 44, NOIDA under Group Housing Scheme No. GHP/03/2001. Petitioner’s bid for Rs. 4,92,23,702/- was accepted by the respondent authority being the highest one. The cost of the land was charged at the rate of Rs. 9,600/- per Sq. Mtr. The total area of the said piece of land, as represented by the Noida Authority was measuring 5127.47 Sq. Mtrs. and was marked and delineated. It is no longer in dispute that the petitioner Society has paid the requisite amount as per the demand of the Noida Authority in respect of the aforesaid plot of the aforesaid area. Subsequent to the finalization of the deal, on 23.4.2002 physical possession of the said plot was also handed over by the Noida Authority to the petitioner Society. In the letter delivering the possession, the area of the plot was again mentioned as 5127.47 Sq. Mtrs. The petitioner Society got the construction plan sanctioned for the Group Housing Complex which was also approved by the respondent authority on 17.6.2002. The constructions and the development of the plot were taken accordingly and on 11.7.2006 completion certificate and no dues certificate as well were issued by the respondent authority to the petitioner Society. It was done after making a spot inspection and the inspection report is dated 30.5.2006. In all 75 flats were constructed by the petitioner-Society and they have been allotted to its members. All of sudden on 27.8.2007, as stated in the writ petition the petitioner Society was slapped with a demand notice of Rs. 1,09,64,520/- issued by the respondent authority vide Annexure-1 to the writ petition. On actual measurement it was found that the area of the said piece of land is 5,304.01 Sq. Mtr. instead of 5,127.47 Sq. Mtrs. The impugned demand was raised as per policy of the respondent authority to charge the price of the excess area at the prevalent market value on the date of issue of the notice together with the interest from the date of actual allotment to the date of actual notice. Thus, a sum of Rs. 51,35,730/- was demanded towards the interest which is included in the aforesaid demand of Rs. 1,09,64,520/-. The said notice was objected to by filing a letter dated 4.2.2008 but in vain. By the letter dated 22.2.2008 the stand of the petitioner Society that it is not liable to pay any further sum, was rejected. Being aggrieved by the said demand the present writ petition has been filed claiming the following reliefs :

(I) to issue a writ of certiorari and any other appropriate order or directions thereby quashing the demand letters dated 27.8.2007 and 22.2.2008 (Annexure-1 and Annexure-2 issued by Respondent Authority demanding Rs. 1,09,64,520/- in respect of Plot No. D-13, Sector-44, Noida;

(II) to direct the Respondent Authority not to take any adverse action in respect of the above plot of land pursuant to the impugned demand letters; and in the alternative;

(III) to direct the Respondent Authority to carry out a fresh survey of the Housing Complex of the Petitioner Society built on plot No. D-13, Sector 44 Noida by qualified and competent officials by giving due notice to the Petitioner Society and in the presence of its representatives;

(IV) to direct the Respondent Authority to charge the cost of additional land, if found after the fresh survey, @ Rs. 9,600/- without any interest thereon;

(V) to pass any other appropriate order or directions as the Hon’ble Court may deem fit and proper in the facts and circumstances of the present case.

2. It has been averred in the writ petition that besides the fact that petitioners have already paid the amount as demanded by the respondent authority as per mutual terms agreed upon and also the fact that a lease-deed has been executed in favour of the petitioner Society, the petitioner Society was not associated in any manner whil