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IN THE HIGH COURT OF ALLAHABAD
Pankaj Mithal, Pradeep Kumar Srivastava, JJ.
Shri Rakesh Agarwal - Petitioner
Versus
State of U.P. and Others - Respondents
Writ - C No. - 41339 of 2009
Decided On : 16-04-2020
Constitution of India, Art. 226 – Seeking a direction that the location of the said plot from that of a corner plot adjoining to the green belt may not be changed and to declare any change or proposed change in this regard to be illegal and arbitrary. In other words, the plot should remain in its original form as a corner plot facing green belt – Held, brushing aside the objection as to the maintainability of the writ petition as the action of the GNIDA in altering the nature of the plot allotted to the petitioner is unfair and the alteration has not been done in a valid manner as contemplated in law, we issue a writ in the nature of mandamus directing the GNIDA to maintain the nature of the plot allotted to the petitioner i.e. plot No.1 Cassia Fistula Estate, Sector CHI-IV of 1022 sq. mtrs. as a corner plot facing 18 mtrs. wide road with the green belt adjacent to it as has been described in the leased plan forming part of the lease deed. – writ petition is allowed
Facts of the Case:
Petitioner had paid 15% additional amount as location charges in accordance with the terms and conditions of the allotment and that under the allotment order as well as the lease deed, the petitioner was allotted and delivered possession of a corner plot facing 18/24 meter wide road adjoining the green belt
Finding of the Court:
Brushing aside the objection as to the maintainability of the writ petition as the action of the GNIDA in altering the nature of the plot allotted to the petitioner is unfair and the alteration has not been done in a valid manner as contemplated in law, we issue a writ in the nature of mandamus directing the GNIDA to maintain the nature of the plot allotted to the petitioner i.e. plot No.1 Cassia Fistula Estate, Sector CHI-IV of 1022 sq. mtrs. as a corner plot facing 18 mtrs. wide road with the green belt adjacent to it as has been described in the leased plan forming part of the lease deed
Result: Petition allowed
JUDGMENT :
1. In pursuance to the advertisement dated 03.02.2004 issued by the Greater Noida Industrial Development Authority (GNIDA), the petitioner vide order dated 04.06.2004 was allotted plot No.1 Cassia Fistula Estate, Sector CHI-IV of 1000 sq. mtrs.
2. On actual measurement there was some extra land of 22.4 sq. mtrs. in the aforesaid plot for which additional premium was demanded and charged.
3. After the petitioner completed all formalities and fulfilled the conditions of allotment by depositing the premium amount, lease rent etc., a registered lease deed in respect to the whole of the said plot having an area of 1022.4 sq. mtrs. was executed in his favour on 17.12.2008. Consequently, its possession was also delivered on 18.12.08 to him.
4. The petitioner has preferred this writ petition seeking a direction that the location of the said plot from that of a corner plot adjoining to the green belt may not be changed and to declare any change or proposed change in this regard to be illegal and arbitrary. In other words, the plot should remain in its original form as a corner plot facing green belt.
5. The argument is that the petitioner had paid 15% additional amount as location charges in accordance with the terms and conditions of the allotment and that under the allotment order as well as the lease deed, the petitioner was allotted and delivered possession of a corner plot facing 18/24 meter wide road adjoining the green belt. The said location cannot be changed after the execution of the lease deed by converting the green belt into an another plot.
6. The petitioner in response to one of his letters pertaining to the lay out plan of the scheme has been informed vide letter dated 30.06.2009 issued by the General Manager (Niyojan & Vastu) that according to the approved lay out plan plot No.1, Cassia Fistula Estate, Sector CHI-IV which has been allotted to the petitioner is not a corner plot.
7. It is alleged that this is totally in contravention of the terms and conditions of the allotment order and the lease deed. Therefore, the status of the said plot as allotted and leased out to the petitioner be restored as a corner plot.
8. We have heard Sri B.C.Rai, learned counsel for the petitioner and Sri B.B. Jauhari, learned counsel for the respondent No.2 (GNIDA) and have perused the pleadings exchanged between the parties.
9. GNIDA in the counter affidavit has admitted that in accordance with Clause A-7.2 of the brochure which provide for location charges for corner plots, plots facing park/green belt or plot facing 18/24 meter wide road, premium of 5% for the benefit of each type of location was payable and that the petitioner had paid a total of 15% additional premium over and above the fixed rate of premium on account of superior location. However, the stand taken is that the plot allotted to the petitioner was not a corner plot. In fact the plan annexed with the lease deed was not prepared by the Planning Department and therefore, it was incorrectly described as the corner plot. The area of the green belt in the entire sector is as per the approved standard and does not stand reduced on account of carving out of an additional plot in the area which the petitioner claims to be green belt. The lay out plan was amended after a report was submitted by the Senior Executive (Planning) on 05.12.2006 on the recommendation made by the Deputy General Manager (Planning) on 13.12.2006 for amending the lay out plan. Due to the change in the lay out plan to some extent, the boundaries of the plot allotted to the petitioner was altered and at present the plot allotted to the petitioner is not the corner plot or adjacent to the green belt.
10. In short, the only issue which arises in this petition, on the aforesaid pleadings and rival claims, is whether the location of the plot allotted to the petitioner facing 18/24 meter wide road; adjoini
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