Point of law: Application for review of judgment - It is settled that review powers cannot be exercised on the ground that the earlier decision was erroneous on merit or that a different view was possible than the one taken in earlier decision.

JUDGMENT :

SARAL SRIVASTAVA, J.

Order on Civil Misc. Review Application No.19 of 2020.

1. Heard Sri Manish Goyal, learned Senior Counsel assisted by Sri Shivam Yadav and Sri Kaushalendra Nath Singh, learned counsel for the NOIDA and Sri Kshitij Shailendra, learned counsel for the petitioner.

2. Learned counsel for the petitioner has filed counter affidavit to the review petition of NOIDA (respondent in writ petition). When learned counsel for the NOIDA was asked as to why no rejoinder affidavit has been filed to the counter affidavit, he submitted that since notices have not been issued and counter affidavit has not been invited, therefore, this is not the appropriate stage to file rejoinder affidavit.

3. Because of the submission raised by the learned counsel for the NOIDA, this Court has heard the review petition on admission stage ignoring counter affidavit.

4. The NOIDA has preferred the present review application for review of the judgment dated 31.07.2019 passed by this Court in Writ-C No.56046 of 2013 whereby this Court had directed the NOIDA to consider the two applications of petitioner for allotment of plots by law.

5. The brief facts, as stated in the judgment dated 31.07.2019 necessary for the present dispute, are that petitioner had made two applications nos.284 and 285 for allotment of plot of larger than 2000 square meter in Phase-II & Phase-III of the industrial area on the lease of 90 years in the open-ended scheme advertised by the NOIDA.

6. The registration was opened on 05.03.2010 and was closed on 05.07.2012. The petitioner submitted two applications complete in all respect for allotment of plots. The petitioner deposited the registration amount of Rs.8 lacs for each application. The applications of the petitioner were registered on 09.12.2011 during the period, the scheme was open.

7. The NOIDA refunded the registration amount of Rs.8 lacs to the petitioner vide separate letters dated 07.11.2012 stating that the scheme had closed. The petitioner being aggrieved by the action of NOIDA preferred the aforesaid writ petition praying for direction upon NOIDA-authorities to consider its application nos.284 & 285 and to allot the plots in its favour, and for quashing the illegal allotment made by NOIDA.

8. This Court on 23.01.2019 passed the following order in the writ petition:-

“Heard Shri Ravi Kiran Jain, learned Senior Advocate assisted by Shri Kshitij Shailendra & Ms. Deba Siddiqui appearing for the petitioner and Shri Shivam Yadav, learned counsel for the New Okhla Industrial Development Authority.

A counter affidavit has been filed, but in the counter affidavit it is not clear as to when the claim for allotment of industrial plots were closed by whose order and what was the target of the scheme as to how many allotment should be made and how many applications were considered and why the application of the petitioner has not been considered in spite of fulfilling all the criteria. It is further to be disclosed to the Court that who are the allottees and whether any plots are still available for allotment under the aforesaid scheme of 2010 pursuant to an advertisement dated 5.3.2010.

Shri Shivam Yadav, learned counsel appearing for the New Okhla Industrial Development Authority prays that he may be allowed three weeks' time to file a better affidavit by way of a supplementary counter affidavit brining on record the information sought by this Court and any other material that may be relevant for proper adjudication of the case.

As prayed, three weeks is allowed.

List after three weeks.”

9. Pursuant to the aforesaid order, the NOIDA filed a supplementary affidavit titled as 'second supplementary counter affidavit', wherein it stated in paragraph no. 8 that there were 27 plots under the scheme and only 15 plots were allotted. In paragraph no. 9 of the affidavit, it is stated that total 90 applications were received under the scheme, out of which 65 applications were rejected and industrial plots were allotted to 15 applicant