LexCHAIRMAN & CEO, NOIDA & ANR. versus MANGE RAM SHARMA (D) THR. LRS & ANR.
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[2012) 8 S.C.R. 719 CHAIRMAN & CEO, NOIDA & ANR. A v. MANGE RAM SHARMA (D) THR. LRS & ANR. I.A. No. 10 of 2012 IN (Civil Appeal No. 10535 of 2011) s SEPTEMBER 13, 2012 [SWATANTER KUMAR AND RANJANA PRAKASH DESAI, JJ.] Urban Development - Supreme Court order dated 30. 7.2012 directing NO/DA (Authority) to float 'Special Scheme' - In para 4 of the order stating that the allottees of land by NO/DA in previous schemes would not be eligible to c the benefit of the 'Special Scheme' - Special Scheme floated D as per the order of Supreme Court - Clause 3 thereof making the tenderers eligible to bid for two plots whose turnover exceeds aggregate net worth required for both the plots, applied for by the tenderer - Interlocutory application for modification of Para 4 of the order dated 30.7.2012 - Plea. E that the condition in the Special Scheme framed under order of Supreme Court is leaving the applicant as ineligible to apply for two plots - Held: Court declined to modify Para 4 of order dated 30.7.2012 - Turnover of a company has no connection with number of plots allotted to an applicant - F Clause 3 of Special Scheme is quashed as two plots cannot be allotted under the Scheme - Direction to delete clause 3 with retrospective effect - Any plot if left una/lotted under the Special Scheme, relating to nursing homes, NO/DA would be at liberty to formulate a General Scheme for auctioning such G plots - The applicant if eligible in terms of that policy, can participate in the auction. CIVIL APPELLATE JURISDICTION: I.A. No. 10 of 2012 719 H A 720 SUPREME COURT REPORTS [2012) 8 S. C.R. IN Civil Appeal No. 10535 of 2011. From the Judgment & Order dated 9.10.2002 of the High Court of Judicature at Allahabad in Civil Misc. Writ Petition No. B 15934 of 1995. Ranjit Kumar, Ravindra Kumar, Sanjai Kr. Pathak, Aditya Kr. Choudhary, Sashi Pathak for the Appellants. C Bijoy Kumar Jain, Saurabh Mishra, Praveen Chaturvedi for the Respondent. The following Order of the Court was delivered ORDER D 1. By this order, we will dispose of the above Interlocutory Application filed on behalf of Dr. G.P. Pathak. The prayer in this application is that this Court should modify para 4 of the directions contained in the order dated 30th July, 2012. While making the above prayer, it is submitted that the New Okhla E Industrial Development Authority (NOIDA) has published a policy in furtherance to order of this Court and in clause 3 made a criteria which renders the applicant ineligible for obtaining a second plot under the same scheme. The contention is that under the general schemes floated by the NOIDA, a person is F entitled to get two plots and can even take two adjacent plots. Such allotment is required to be made by the authority and there is no restriction. However, the scheme framed under the orders of the Court is placing the applicant at a disadvantageous position. Para 4 of the directions contained G in order dated 30th July, 2012 reads as under: H "4. The persons who have been allotted lands by the NOIDA previously under any Scheme, would not be eligible to the benefit of the Special Scheme floated by the NOIDA in furtherance of the order of this Court." CHAIRMAN & CEO, NOIDA v. MANGE RAM 721 SHARMA(D)THR. LRS Clause 3 of the 'Special Scheme' reads as under : A "3. The tenderer can Bid for a maximum of 2 (two) plots out of all plots offered in above Scheme. However, in that case net worth of the tenderer should exceed aggregate net worth required for both the plots applied for by the B tenderer taken together. In case the two adjoining plots are allotted to any successful bidder, amalgamation of the said two plots shall be permissible." 2. There is no dispute to the fact that the applicant was running a clinic in the residential area and has to close the C same activity in furtherance to the orders of this Court. He would be entitled to apply under the 'Special Scheme' formulated by the NOIDA under the order of the Court. The question is as to whether under the 'Special Scheme', the applicant can claim two plots? We have no hesitation in answering the said question D in the negative. This is a 'Special Scheme' floated by NOIDA as per the directions of this Court. It is not a 'General Scheme' floated by NOIDA of its own. The terms and conditions appllcable under 'General Scheme' floated by NOIDA will have such eligibility criteria and terms and
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