Hon’ble Amitava Lala, J.—By means of this writ petition, the petitioner has challenged the impugned order/letter dated 15th September, 2010 issued by the respondent No. 1- Greater Noida Industrial Development Authority (hereinafter in short called as the ‘’authority’) imposing penalty (late fees) upon the petitioner to a tune of Rs. 8,40,25,980/- for not getting the lease-deed executed by 22nd October, 2008 and also 2% additional late fees in case of further delay after 21st October, 2010, as well as cancellation notice dated 17th March, 2011 issued by the authority. The petitioner further seeks direction upon the authority to register the lease-deed of the petitioner.

2. Briefly stated facts giving rise to the present writ petition, according to the petitioner, are that the Greater Noida Industrial Development Authority constituted under Section 3 of the Uttar Pradesh Industrial Area Development Act, 1976 (hereinafter in short called as the ‘’Act’) comes within the definition of the ‘’State’ as per Article 12 of the Constitution of India. In July, 2007 the authority invited sealed offers for allotment of commercial plots on ninety years’ lease basis under Commercial Plot Scheme, CPS-02/07, pursuant to which the petitioner participated in the tender process. On 23rd November, 2007 the authority accepted the petitioner’s letter of offer and reserved Plot No. SLC-8/G in Sector Delta-II, Greater Noida and called upon the petitioner to deposit a sum of Rs. 3,79,45,520/-, as reservation-cum-acceptance money being 10% of total premium plus Rs. 2,00,00,000/- already deposited, within thirty days, which the petitioner deposited on 20th December, 2007. The authority issued allotment letter dated 04th March, 2008 to the petitioner informing that a plot measuring 18,632 square meters has been allotted to it and demanded a further sum of Rs. 11,58,91,040/-, being 20% of the total premium, within three months from the date of such letter i.e. 4th March, 2008. By such allotment letter the authority also informed the liability of the petitioner to pay the balance amount in instalments in accordance with the schedule mentioned in the letter. On 04th June, 2008 petitioner deposited such amount of Rs. 11,58,91,040/- and requested the authority to release the lease plan and check list, so that the petitioner may take steps to get the lease-deed registered.

3. Inviting attention to such letter of the petitioner, on 24th June, 2008 Commercial Manager of the authority wrote to General Manager (Planning) of the authority that lease plan has not been received in the Property Section and requested for making the said lease plan available expeditiously. Petitioner again by its letter dated 14th July, 2008 requested the authority to issue lease plan and check list to enable it to get the lease-deed executed, with reference to which Commercial Manager of the authority on 24th July, 2008 again wrote to the General Manager (Planning) requesting for issuance of lease plan. Ultimately, in August, 2008 petitioner received the lease plan. On 10th September, 2008 the authority intimated the petitioner that area of the plot had got reduced from 18632 square meters to 18012 square meters and accordingly, the payment plan has been altered. Thereafter, by letter dated 22nd September, 2008 the authority again informed the petitioner that since area of the allotted plot has been reduced, now the total cost of the plot will be Rs. 56,01,73,200/- and further called upon the petitioner to get the lease deed executed/registered within thirty days from the date of such letter i.e. 22nd September, 2008. However, the petitioner was unable to make the payment of instalments on account of severe financial crunch arose as a sequel to the global recession. On 17th November, 2008 the authority issued a notice to the petitioner to show-cause as to why allotment be not cancelled for not getting the lease deed registered within thirty days of letter dated 22nd September, 200