IA No. 10 of 2012 in Civil Appeal No. 10535 of 2011. Case: 1. Chairman and CEO, Noida and Anr., 2. In Re: Dr. G.P. Pathak, C/o D-156, Sector 27, Noida - 201301 Vs 1. Mange Ram Sharma (D) Thr. L.Rs.. and Anr.. Supreme Court (India)
| Case Number | IA No. 10 of 2012 in Civil Appeal No. 10535 of 2011 |
| Judges | Swatanter Kumar and Ranjana Prakash Desai, JJ. |
| Issue | Code of Civil Procedure |
| Citation | 2012 (9) SCALE 164 |
| Judgement Date | September 13, 2012 |
| Court | Supreme Court (India) |
Order:
-
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 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 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 in order dated 30th July, 2012 reads as under:
-
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.
Clause 3 of the 'Special Scheme' reads as under:
-
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 tenderer taken together. In case the two adjoining plots are allotted to any successful bidder, amalgamation of the said two plots shall be permissible.
-
There is no dispute to the fact that the applicant was running a clinic in the residential area and has to close the 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 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 applicable under 'General Scheme' floated by NOIDA will have such eligibility criteria and terms and conditions that NOIDA in its wisdom finds suitable and in consonance with its policy. Such 'General Scheme' may permit grant of double benefit i.e. the party may be...
To continue reading
Request your trial