Authority must provide preferential land allotment to disabled persons per applicable legislation; arbitrary cancellations and excessive interests are unjust.

1. We have heard Shashi Nandan and B. Dayal Senior Advocates assisted by Sri Sudeep Harkauli for the petitioner. Sri Ramendra Pratap Singh appears for respondent Nos.1 and 2 - Greater Noida Industrial Development Authority. Learned standing counsel appears for State respondent.

2. The petitioner is a totally blind senior citizen. He applied for allotment of a plot, in response to an advertisement issued by Greater Noida Industrial Development Authority, Gautam Budh Nagar (in short, GNIDA) in a scheme for establishment of institutions i.e. Engineering / Medical / Vocational Institutes / Centre forPperforming Arts, Social & Cultural Centres, Entertainment / Leisure Complexes, Corporate Plazas / Office Complexes, and any other Specialised Institutional / Commercial activities in Grater Noida area for 90 years of lease, on as is where is basis. He deposited Rs.10,000/- as registration amount. A letter was issued to the petitioner on 18.12.2001 by the Officer on Special Duty, GNIDA, reserving 2,000 sq. mt of land in Grater Noida for establishment of a 'Social and Cultural Centre', on a total premium of the plot at Rs.12,80,000/- (Rupees Twelve Lakhs Eight Thousand only). The petitioner was required to deposit 10 % of the total premium of the plot, amounting to Rs.1,28,000/- which includes the amount of Rs.10,000/- deposited towards registration fee, within thirty days. The petitioner deposited 10 % of the total premium on which a letter of allotment was issued on 16.01.2002, reserving a plot in his favour.

3. By the letter of allotment dated 18.12.2001, the Officer on Special duty, GNIDA, confirmed the reservation letter of a plot measuring 2000 sq. mtr for establishment of a 'Social and Cultural Centre', providing that allocation of plot shall be intimated to the petitioner in due course of time. According to payment schedule given in the letter of allotment, the petitioner was required to deposit Rs.2,56,000/- (20 % of the total premium) as allotment money by 17.03.2002. The remaining amount was to be deposited in 12 six monthly instalment of Rs. 1,12,810/- each beginning from 15.09.2002 to 15.03.2008. Clause 4 of the allotment letter provided that the allottee will be required to complete the constructions within one year from the date of allotment.

4. The petitioner vide his letter dated 30.01.2002 requested for concessional rate of allotment, under S.43 of the PERSONS WITH DISABILITIES (EQUAL OPPORTUNITES, PROTECTION OF RIGHTS AND FULL PARTICIPATION) ACT, 1995 - Act 1 of 1960. S.43 of the Act reads as follows: -
"The appropriate Government and local authorities shall by notification frame schemes in favour of persons with disabilities for the preferential allotment of land at concessional rates for
a. house;
b. setting up business;
c. setting up of recreation centres;
d. establishment of special schools;
e. establishment of research centres;
f. establishment of factories by entrepreneurs with disabilities"

5. A long line of correspondence took place between the petitioner and GNIDA, in which without considering the repeated requests of the petitioner for giving concessional rates of allotment, the GNIDA insisted for payment of instalments, as per payment schedule mentioned in the allotment letter. The petitioner had deposited only the registration amount of Rs.10,000/- and 10 % of premium. He did not deposit the remaining 20 % of premium and the first three instalments, on which the reservation letter was cancelled by the Deputy Chief Executive Officer on 20.12.2005. The petitioner filed a writ petition No. 50201 of 2004, which was disposed of with directions as follows: -
"Petitioner is a blind person and under the priority quota, he was offered for allotment of