Aditya Nath Mittal, J.

1. We have heard Shri Ravi Kant, Sr. Advocate assisted by Shri Santosh Kumar Tripathi, learned counsel for the petitioner. Shri Nisheeth Yadav appears for the respondent authorities. Learned Standing Counsel represents the respondents.

2. The petitioner is a public limited company engaged in the business of real estate development, with its registered office at Parsvnath Metro Tower near Shahdara Metro Station, Shahdara, Delhi.

3. By this writ petition the petitioner has prayed for a writ of certiorari to quash the order dated 16.2.2012 passed by the Secretary, Urban and Town Planning Development, Government of U.P., Lucknow, and the orders dated 15.9.2011 and 17.3.2011 passed by the Greater Noida Industrial Development Authority ( GNIDA) through its Chief Executive Officer. The petitioner has also prayed for directing the Chief Executive Officer, ( GNIDA) to register the lease deed of plot No.SLC-8/G in Sector Delta-II, Greater Noida.

4. The petitioner had earlier filed the Writ Petition No.69184 of 2010, M/s Parsvnath Developers Ltd. v. Greater Noida Industrial Development Authority & Anr. challenging the order/letter dated 15.9.2010 issued by the GNIDA imposing penalty upon the petitioner to the tune of Rs.8,40,25,980/- for failing to get 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 the cancellation notice dated 17th March, 2011 issued by GNIDA. The petitioner had also sought a direction for registration of the lease deed in favour of the petitioner.

5. Brief facts giving rise to the earlier writ petition as detailed in the judgment of this Court dated 6.9.2011 by which the petitioner was directed to make an appropriate application to the State Government under Section 41 ( 3) of the U.P. Urban Planning and Development Act, 1973 ( the Act), within 15 days from the date of obtaining certified copy of the order, and if that was done the State Government was directed to give fullest opportunity of hearing and to pass appropriate orders within three months, thereafter. The Court passed an order that till the date of communication of the decision to be taken by the State Government, no effect or further effect in respect of imposition of penaltydministrative charge/late fees will be given are quoted as below:-

"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. 04th 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

Click Here to Read the rest of this document