CHAIRMAN & CEO, NOIDA & ANR.versusMANGE RAM SHARMA (D) THR. LRS & ANR.

                    [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.]
                                                                  c
       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
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
         720       SUPREME COURT REPORTS                [2012) 8 S. C.R.


    A                                     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:

           "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."
H
    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 conditions that NOIDA in E
 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 a successful bidder-even in two plots. To the
 contrary under the 'Special Scheme' no person can be
 permitted to derive double benefit even if a person was running F
 two clinics or two small nursing homes in the hospital area. He
 can easily club both such clinics or nursing homes and build a
 common hospital just by raising additional construction as may
  be permissible. It is not disputed before us that the applicant
  has already got a plot for establishing a nursing home and in G
  fact he has already built a nursing home there. We see no
  reason why he should get double benefit under the court
  directed 'Special Scheme'. We do not see any necessity to
   alter or modify para 4 of the directions contained in the order
   dated 30th July, 2012. Consequentially, there is also no
                                                                       H
      722         SUPREME COURT REPORTS                 [2012] 8 S.C.R.


 A requirement for modification of clause 3 of the 'Special
  Scheme' floated by the NOIDA which debars a person who has
  already been given a plot. We do not think that there was any
  occasion for the NOIDA even to introduce clause 3. In fact, we
  direct its deletion. Nobody would get two plots under this
B 'Special Scheme'.

        3. We make it clear that the net worth of a tenderer would
  be of no consideration for giving such applicant two plots as
  the plots are being allotted in furtherance of the orders of the
  Court and, thus, could not be used as an instrument for
C providing state largesse in a manner not contemplated in terms
  of the judgment.

        4. We also make it clear that if, for any reason, the plots
  declared by NOIDA for construction of nursing homes are not
D sold under this 'Special Scheme', the NOIDA would be free to
  formulate its general policy for allotment of such plots for nursing
  homes and the present applicant can apply under that scheme
  as per the terms and conditions of that policy, if such policy
  does not put any embargo or restriction upon grant of another
E plot.

          5. In view of the above discussion, we dispose of this
     application with the following order :

            (a)    We decline to modify para 4 of the directions
F                  contained in the order of this Court dated 30th July,
                   2012.

            (b)   We are of the considered view that turnover of a
                  company has no connection with the number of
G                 plots that could be allotted to an applicant under the
                  scheme formulated in furtherance to the said order
                  of the Court. Suffice it to note that two plots cannot
                  be allotted under this Scheme. Thus, we quash
                  clause 3 of the brochure. The same shall stand
                  deleted with retrospective effect.
H
    CHAIRMAN & CEO, NOIDA v. MANGE RAM                    723
           SHARMA (D) THR. LRS
     (c)   Any plots which remain unallotted under the 'Special   A
           Scheme' relating to nursing homes, the NOIDA will
           be at liberty to formulate a 'General Scheme' for
           auctioning such plots in terms of its policy and the
           applicant, if eligible in terms of that policy, can
           participate in the auction for buying the plot.        B

    6. The Interlocutory Application is accordingly dismissed.
There shall be no order as to costs.

K.K.T.                                         I.A. dismissed.