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The YEIDA has mainly raised objections to the treatment meted out in the Resolution Plan to its claims pertaining to:
i. Pending works and External Development Charges (EDCs) including interest ii. Unexecuted External Development Works and Other future Works; and iii. 64.7% Additional Compensation Payable to farmers."

30. The above table indicate that 64.7% additional compensation payable to farmers was claimed as Rs.1,689 Crores. The IRP has sent the reply after receiving the claim from the Appellant. IRP vide letter dated 28.11.2017 sent a communication to the Appellant where with regard to Rs.1,689 Crores it was mentioned that the claim is under arbitration. Claim of Rs.1,689 Crores was not admitted and in the column of amount as verified word 'NA' was mentioned. EDC claim was admitted for Rs.409.6 Crores. One other claim was admitted by the IRP was claim towards pending work i.e. Rs.51.4 Crores. Adjudicating Authority in paragraph 54, as noted above, has noticed that the Appellant has raised objections to the treatment meted out in the Resolution Plan pertaining to (i) pending works and External Development Charges including interest; (ii) un-executed External Development Works and other future works and (iii) 64.7% additional compensation payable to farmers. Appellant has raised objection regarding treatment of its claim when earlier plan was submitted by NBCC which plan Company Appeal (AT) (Insolvency) No.493 of 2023 31 was approved by the Adjudicating Authority on 03.03.2020 which was made subject matter of challenge before the Hon'ble Supreme Court and the Hon'ble Supreme Court has set aside the plan approval by its order in "Jaypee Kensington v. NBCC (India) Ltd.- Civil Appeal No. 3395 of 2020". When the Resolution Plan was submitted by Suraksha and was approved by the CoC, Appellant filed IA No.3306 of 2021 objecting to the Resolution Plan submitted by Suraksha. The application/objection filed by the Appellant raised various grounds to object its treatment in the Resolution Plan. It is useful to notice that the Appellant in its IA No.3306 of 2021 in paragraph 8 of the objection has reiterated its case that it does not stand to oppose the Resolution Plan rather it would like the plan to succeed but, it has a public duty to ensure that the framework under CA is preserved. It is useful to extract paragraph 8 of the application filed by the Appellant, which is as follows:-

34. After making the above observations, Adjudicating Authority came to the conclusion that provision of Rs.10 Lakhs towards the operational claim Company Appeal (AT) (Insolvency) No.493 of 2023 35 relating to External Development Charges is not illegal. In paragraph 74 with regard to External Development Charges, following has been observed:-

"74. Hence, we find no illegality in the Resolution Plan, so far as it relates to provision of Rs. 10 Lakhs towards the operational claim relating to External Development Charges (EDC) of YEIDA."

69. The external development charges are neither defined in Concession Agreement nor in the 1976 Act. Under Clause 7.2, which deals with obligation of Taj Expressway Authority, under sub-clause (j), external development including electric supply, water supply, drainage arrangements etc. have been dealt with. Clause 7.2.1 (j) is as follows:

"7.2.1(j) External development including electric supply, water supply, drainage arrangements etc. in relation to land which are already developed specially in Noida or Greater Noida released by TEA in accordance with this Agreement, shall be by TEA without any cost to the concessionaire within a reasonable period of handing over of such land. For external development of other undeveloped land released by TEA in accordance with this Agreement, TEA shall assist the Concessionaire, on best effort basis, to arrange it through other authorities who may be involved in development of nearby lands, without any cost of TEA. However, internal development within such land shall be carried out by the Concessionaire at its own cost."

Company Appeal (AT) (Insolvency) No.493 of 2023 63

70. External development is defined in the Real Estate (Regulation and Development) Act, 2016 by Section 2(w), which definition is as follows:

"2(w) "external development works" includes roads and road systems landscaping, water supply, sewerage and drainage systems, electricity supply transformer, sub-station, solid waste management and disposal or any other work which may have to be executed in the periphery of, or outside, a project for its benefit, as may be provided under the local laws;"