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2025 DAILYLAW 73533 (ALL)

SURESH SINGH v. NEW OKHLA INDUSTRIAL DEVELOPMENT AUTHORITY

WRIC/22024/2025 · 2025-07-13

Mahesh Chandra Tripathi, Vinod Diwakar

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:112115-DB Court No. - 29 Case :- WRIT - C No. - 22024 of 2025 Petitioner :- Suresh Singh Respondent :- New Okhla Industrial Development Authority Counsel for Petitioner :- Aditya Upadhyay,Ambrish Pandey Counsel for Respondent :- Kaushalendra Nath Singh Hon'ble Mahesh Chandra Tripathi,J. Hon'ble Vinod Diwakar,J. 1. Heard learned counsel for the petitioner and Shri Kaushalendra Nath Singh, learned counsel for the respondent - Development Authority. 2. The instant writ petition has been filed praying inter alia for the following relief: "a) a suitable writ order or direction in the nature of mandamus directing the respondent authority to grant the benefit of One Time Settlement (OTS) scheme to the petitioner against his application No. OT- 00000397. b) a suitable writ order or direction in the nature of mandamus directing the respondent authority to condone the unintentional delay in submitting the challan of Rs.7,61,602/- and to accept the payment which has been successfully made to the respondent authority." 3. Learned counsel for the petitioner submits that the petitioner had applied under the Samajwadi Awaseey Yojna 2015–16 and was declared successful in the draw conducted by the respondent authority. Pursuant thereto, a payment plan was issued to him on 05.04.2024 under the OTS Scheme. However, the letter was sent to an address that had not been handed over to the petitioner. The petitioner deposited the challan amount of Rs.7,61,602 through RTGS, but due to a technical error on the respondent’s portal, the amount was recorded as Rs.7,61,602.20. After representations and clarification by the bank, the error was rectified, and payment was completed. Nevertheless, the authority refused to accept the payment citing delay, without considering that the delay arose due to their own portal error. He contends that denial of the benefit would cause irreparable loss and injury and prays for the reliefs sought in the writ petition. 4. Shri Kaushalendra Nath Singh, learned counsel for the respondent – Development Authority, has opposed the reliefs sought and submits that the petitioner did not deposit the requisite amount as per the original allotment letter dated 05.12.2016. Subsequently, the NOIDA Authority floated the OTS Scheme and issued a payment plan vide letter dated 05.04.2024, granting the petitioner the opportunity to deposit one-third of the amount within 30 days and the balance in three easy installments. However, the petitioner failed to comply with the conditions of the said OTS Scheme. He further submits that the OTS Scheme has now expired and the authority is not empowered to grant any extension. The outstanding dues were duly communicated to the petitioner vide letter dated 09.06.2025. He contends that there is no illegality or irregularity in the authority's decision warranting interference by this Court, and the petition is liable to be dismissed. 4. Considering the factual matrix of the case and the terms of the OTS Scheme, we find no merit in the present writ petition. The scheme required strict compliance with the timelines, particularly the deposit of one-third of the demanded amount within 30 days. Admittedly, the petitioner failed to make the payment within the stipulated period, and the delay, though explained as a technical error, is not sufficient to override the clear and mandatory terms of the scheme. The authority had already extended a concession under the OTS Scheme and was under no obligation to further condone the delay or accept the payment once the scheme period had expired. In absence of any statutory right or legal infirmity, the writ petition is not maintainable. Accordingly, the same is dismissed. 5. However, in the interest of justice, it is observed that in case the petitioner deposits the outstanding amount in response to the letter dated 09.06.2025 within two months from today, the NOIDA Authority shall be at liberty to execute the sale deed in accordance with law, subject to its discretion and applicable policy. Order Date :- 14.7.2025 NLY Digitally signed by :- NAND LAL YADAV High Court of Judicature at Allahabad