By the Court.—Heard Shri M.K. Gupta assisted by Shri Vatsal Srivastava for the petitioners. Learned Standing Counsel appears for respondent No. 1. Shri M.L. Verma, Sr. Advocate assisted by Shri Ravindra Kumar and Shri Ramendra Pratap Singh appear for the respondents.

2. The petitioner, “Air Force Naval Housing Board” (in short, the Board) is a society registered under the Societies Registration Act, 1860 in the year 1980 with the main object to promote suitable housing schemes for serving air force and naval personnel on all India basis as per the welfare measure at no profit no loss basis. The Board constructs group housing project for defence personnel to provide residential houses to both serving as well as retired officers and their widows, who are spread all over for national security reasons. The Board established in the year 1979-80 has constructed approximately 16,000 units, all over India known as “Jal Vayu Vihar Societies”.

3. By this writ petition the Board has prayed for quashing the order dated 19.12.2008 passed by the New Okhla Industrial Development Authority (NOIDA), Distt. Gautam Budh Nagar U.P. by which its application for allotment of group housing Plot No. GH-001, Sector 49 Noida; and group housing Plot No. GH-002, Sector 100 Noida measuring 40,000 sq. mtr. each at the reserved price of Rs. 20,400/- per sq. mtr. were rejected as the Board was not found technically qualified and the pay order/demand draft towards registration money of Rs. 5 crores each was returned.

4. The petitioners have also prayed for a direction to consider its bid for allotment of these plots. The prayers were amended on an application by Court’s order dated 12.1.2009. By the newly inserted prayer the petitioners have also prayed for direction to quash the order dated 19.12.2008 passed by the Desk Officer (GHP) under the directions of respondent No. 2 pertaining to allotment of plots in question to the newly impleaded respondent Nos. 5 and 6.

5. By another amendment application, which is still pending dated 12.1.2009 the petitioners have sought to insert a prayer to issue writ of certiorari quashing Clause-C of the brochure of the group housing scheme Code: GH 2008-II, Code GH-001 Sector 45 and GH-002 Sector 100 Noida Distt. Gautam Budh Nagar, in so far as it prohibits a society from participation in the scheme.

6. The facts giving rise to the writ petition are that NOIDA invited sale bids on a two bid system, in the prescribed application form for both the plots as described above, with the norms of development given in Clause-B, with maximum permissible ground cover, at 35%; the maximum permissible FAR at 2.00 and the set backs as per the building bye laws. No limit was prescribed for maximum hight of the building. Clause-C relevant for the purposes of this writ petition of the scheme provides as follows :

“C. ELIGIBILITY

1. Any proprietor or partnership firm, private or public limited company or a consortium of any of the above, can submit tender. The firms and the companies should be registered in India.

2. The tenderer should be competent to contract.

3. The tenderer can apply for a maximum of 2 (two) plots in this Scheme Code GH-2008-(II) taken together. However in that case net worth of the applicant should exceed aggregate net worth required for each plot applied for by the applicant taken together.

4. If a company wants to apply through a subsidiary company, then it should have minimum of 51% share holding in the subsidiary company. It is clarified that in this case the applicant will be the subsidiary company who will have to qualify the minimum requirements of net worth, solvency and turnover.

5. In case of company, Board resolution authorizing the applicant to sign on behalf of the company shall be attached with the tender applicable form.

6. In case of partnership firm having more than one partner, all the partners are required to sign the tender document and the attached documents. In case the documents mentioned