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TMI Blog2004 (10) TMI 626X X X X Extracts X X X X X X X X Extracts X X X X ..... which was provided at the time of execution of lease deed. 3. The Greater Noida Industrial Development Authority (In short the Authority) is a body corporate constituted under Section 3 read with Section 2(d) of the U.P. Industrial Area Development Act 1976. The petitioner was allotted Plot No. 1 situate in Block-F in Sector Alfa, Greater Noida by Greater Noida Industrial Development Authority, measuring 200 square meters for construction of residential building. A lease deed dated 30-12-1998 was executed by the Authority in favour of the petitioner for a period of 90 years commencing from the date of execution of the lease deed at a premium of ₹ 94,248/-. Clause II (p) of the lease deed provides that the lessee shall have to ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... od for raising constructions. The petitioner made a protest to the demand on the ground that it was violative of Clause (p) of the lease deed. 5. By letter dated 15-5-2002, the Manager Estate of the Authority informed the petitioner that after 29-12-2001, i.e. the prescribed date for completion of constructions, the permission can only be granted by Chief Executive Officer of the Authority. The last date for applying for extension was fixed for 30-9-2001. Since the petitioner did not apply within the prescribed period, it was not possible to consider his application and now after the expiry of the time provided for application for extension, the application can only be accepted up to 31-12-2002 on depositing ₹ 140/- per squar ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... and in order to persuade the allottees to undertake constructions on account of which the development of the township was suffering, the petitioner was called upon to pay ₹ 14,524/- for extension of the period to complete the constructions up to 31-12-2002. In case the petitioner was aggrieved , he could have filed a representation under Section 41 of the U.P. Industrial Area Development Act 1976. 7. We have examined the terms and conditions of the lease deed executed between Greater Noida Industrial Development Authority and the petitioner. Clause II(p) and (q), and Clause III(j) of the lease deed dated 31-12-1998 relevant for the matter are quoted as below ; II(p) That the lessee shall have to erect and complete b ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... of the percentage of premium indicated in Clause II(p). 9. There is no pleading in the writ petition that the Authority had fixed different charges for different plot owners in any sector or has discriminated between the lessees of sector. The conditions of the lease for the purpose of fixing the time period for raising constructions were uniformly modified in respect of different sectors for timely raising of the constructions. 10. We find substance in the contention of the respondents that in order to dissuade the frequent sale and purchase of plots only for the purposes of prospecting and making gains out of such purchase, the Authority modified the period provided in the lease deed for raising constructions, and impos ..... X X X X Extracts X X X X X X X X Extracts X X X X
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