M/S Promotional Club Thru Sh. ... vs Chief Executive Officer ...
2019 Latest Caselaw 4880 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 29
 

 
Case :- WRIT - C No. - 56046 of 2013
 

 
Petitioner :- M/S Promotional Club Thru Sh. Keshav Verma
 
Respondent :- Chief Executive Officer N.O.I.D.A. And Another
 
Counsel for Petitioner :- Rakesh Kumar,Chandra Kumar Rai,Deba Siddiqui,Kshitij Shailendra,Munesh K. Sharma
 
Counsel for Respondent :- C.S.C.,Shivam Yadav
 

 
Hon'ble Pankaj Mithal,J.

Hon'ble Prakash Padia,J.

Heard Sri Ravi Kiran Jain, learned Senior Counsel assisted by Sri Kshitij Shailendra, learned counsel for the petitioner and Sri Shivam Yadav, learned counsel appearing for the respondent no.1.

The petitioner had submitted two applications No.284 and 285 for the allotment of plots of 4000 square meter and 3200 square meter in phase II and III respectively in pursuance to the open ended scheme for allotment of industrial plots in 2009-10 floated by the N.O.I.D.A.

It commenced on 5.3.2010 and is said to have been closed on 5.7.2012. The petitioner had applied on 9.12.2011 that is during the time the scheme was open. The scheme envisages that the candidates would have to appear for the interview before the Screening Committee but the petitioner was never intimated and called for interview.

A supplementary counter affidavit filed by the respondents pursuant to the order of the court dated 23.1.2019 disclosed that a total of 95 applications were received, 65 were unsuccessful after interview and the applications of the 11 candidates after interview was deferred. It also discloses that two candidates were not called for interview. No reasons exists as to why these candidates were not called for interview which probably refer to the applications of the petitioner. The supplementary counter affidavit also mentions that out of 27 plots available only 15 were allotted meaning thereby that some plots still remain unallotted with the N.O.I.D.A.

In view of the aforesaid facts and circumstances, as the applications of the petitioner were submitted during the subsistence of the scheme and there is no reason on record as to why the petitioner was not called for interview coupled with the fact that some plots still remain with the N.O.I.D.A for allotment which may be considered for allotment to the petitioner, we direct, Sri Shivam Yadav, learned counsel for the N.O.I.D.A to take instructions, if applications of the petitioner can still be considered for allotment of the said remaining plots.

List on 10.7.2019.

Order Date :- 22.5.2019

Pramod Tripathi