JUDGMENT :

1. Heard Shri O.P. Rai, learned counsel for the petitioner, learned Standing Counsel for respondent no. 1 and Ms. Anjali Upadhya for respondent nos. 2 and 3.

2. The petitioner is an allottee of plot no. 19, Block-C, Sector Zeta-2, area 120 sq. mts. vide allotment letter dated 7.1.2011, by Greater Noida Industrial Development Authority (for short ‘the Authority’). The allotment was on lease hold basis for 90 years. The allotment letter specifically mentions that possession was likely to be offered to the allottees within two years from the date of issue of allotment letter. The allottee had to complete formalities for execution of lease deed upon intimation. If the allottee fails to execute legal documents in time, action for cancellation of allotment and forfeiture of deposited money would be taken. According to brochure, 30% of the total premium of the plot (after adjusting registration money already paid) would be payable within 45 days from the date of allotment under Plan D-2 opted by the petitioner and balance 70% was payable in ten equal half-yearly installments calculated from the 46th day from the date of allotment with interest @ 12% per annum. The allottee had been given option to surrender the allotment. In case of surrender after the draw of plots/allotment but within 30 days from the date of allotment, 10% of the registration money would be forfeited and balance amount deposited would be refunded without interest. In case of surrender within 45 days of allotment under payment plan D-2, 50% of the registration money would be forfeited and balance amount would be refunded without any interest. In case the allotment is surrendered after 45 days under payment plan D-2 but before six months from the date of allotment, 10% of the total premium of plot would be forfeited and the balance amount, would be refunded without any interest. In case of surrender after six months from the date of allotment, entire deposited money would be forfeited. In case the allottee fails to deposit the due amount within stipulated time, allotment was liable to be cancelled and in such case, the money deposited till the date of cancellation would be forfeited.

3. The petitioner deposited the registration money and installments (total: Rs. 19,80,071) from time to time. However, the Authority failed to execute lease deed and deliver possession of the allotted plot to the petitioner despite having realised entire amount from the petitioner in terms of the allotment letter. On 21.8.2019, the respondent-Authority for the first time informed the petitioner that the Authority had taken decision to cancel the Scheme and that refund will be made in terms of Clause U-3 of the brochure and the petitioner will only be paid 4% per annum interest. Even, thereafter, when money was not returned, the petitioner filed the instant petition for issue of a writ of mandamus directing the respondent-Authority to forthwith refund the entire amount with interest @ 12% per annum.

4. Under Clause U-3, it was provided that if due to any ‘force majeure’ or such circumstances beyond the Authority's control, the Authority is unable to make allotment or the possession of the allotted plot, entire registration money or the deposit, depending on the stage of allotment will be refunded along with simple interest at the rate of 4% per annum if delay in refund is more than one year from such date.

5. Learned counsel for the petitioner submitted that Clause U-3 is not applicable to the facts of the instant case inasmuch as the land acquisition proceedings in relation to the allotted land had concluded on 15.4.2011 when the Supreme Court allowed Civil Appeal No. 3261 of 2011 and quashed the acquisition proceedings. The retention of the money deposited by the petitioner thereafter was without any justification. It was not beyond the control of the Authority to refund the amount soon after the judgment was delivered by the Supreme Court. However, it kept the allottees in dark