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10. The builder M/s ASPL, as per the registered lease deed was supposed to construct the Group Housing Society within 5 years and the Multi Purpose Play Ground at a cost of Rs. 10 crores.

11. Apparently, M/s ASPL applied for sanction of layout map to complete the project and the same was sanctioned on 29.04.2014 for a period of 5 years from the date of execution of lease deed.

12. As per sanctioned map of NOIDA, M/s ASPL was allowed to construct as following :-

Tower No. No. of Floors RCC Slabs Completed Brick Work Internal Plaster External Plaster Completed Completed Completed Tower-I Stilt + 32 32 slabs Ground Floor- 25th Floor Nil 25% Tower-II Stilt + 32 32 slabs Ground Floor-20th Floor Nil Nil Tower-III Stilt + 32 32 slabs Ground Floor-23rd Floor Nil Nil Tower-IV Stilt + 29 29 slabs 1st - 5th Floor Nil Nil Tower-V Stilt + 29 29 slabs 1st - 4th Floor Nil Nil Tower-VI Stilt + 29 27 slabs 1st Floor Nil Nil Tower-VII Stilt + 31 10 slabs Nil Nil Nil Tower-VIII Stilt + 31 12 slabs Nil Nil Nil Tower-IX Stilt + 31 10 slabs Nil Nil Nil

13. Once the lease deed was executed in favour of M/s ASPL and layout map was sanctioned by the NOIDA, M/s ASPL started marketing the project. In this project there were 1080 flats, out of which, M/s ASPL sold out 785 flats to various homebuyers from 2014 to 2020 and in turn collected around Rs.387 crores. Thereafter, for some reasons, the petitioner stopped the construction.

14. The period of the sanctioned map was 5 years which came to an end on 28.4.2019. But the petitioner no 1 failed to complete the construction and project came to a standstill and also failed to provide the sports facilities in the sports city project.

40. One of the homebuyers in this project, who was also aggrieved by refusal of the Noida Authority to revalidate the map had filed a separate writ petition being Writ C No.8447 of 2024 with the following prayer:-

"A. issue an appropriate writ, order, or direction in the nature of CERTIORARI or any other appropriate writ for setting aside/ quashing the decision taken by Respondent No 2, NOIDA, in its 201" board meeting of 18 January 2021 to discontinue the issuance of map approval/ revalidation and the grant of occupation/ completion certificates to projects situated on Sports City land insofar the decision applies to the Lotus Arena-I project of Respondent No 3, Arena Superstructures Private Limited, situated at Plot No SC-01/A2, Sector 79, Noida; B issue an appropriate writ, order, or direction in the nature of CERTIORARI or any other appropriate writ for setting aside/ quashing the letter dated 1 November 2023 issued by Respondent No 2, NOIDA; C issue an appropriate writ, order, or direction in the nature of MANDAMUS or any other appropriate writ directing Respondent No 2, NOIDA, to take steps to expeditiously consider and approve the application dated 30 October 2023 submitted by Respondent No 3. Arena Superstructures Private Limited, for the revalidation of the layout maps in respect of the Lotus Arena-I project situated at Plot No SC-01/A2, Sector 79, Noida; D. issue an appropriate writ, order, or direction in the nature of MANDAMUS or any other appropriate writ directing Respondent No 2, NOIDA, to fully comply with the provisions of the sub-lease deed dated 19 October 2012 to extend full support and cooperation for ensuring the development of the Lotus Arena-I project situated at Plot No SC-01/A2, Sector 79, Noida; E. issue an appropriate writ, order, or direction in the nature of MANDAMUS or any other appropriate writ directing Respondent No 1 to expeditiously decide on the issue referred to it by Respondent No 2 by way of the board meeting dated 18 January 2021, in view of the interests of the homebuyers and the Petitioner, and the obligations of all parties under both the sub-lease deed dated 19 October 2012 and the provisions of the Insolvency and Bankruptcy Code, 2016; F. issue an appropriate, writ, order or direction in the nature of MANDAMUS or any other appropriate writ directing Respondent No 1 to implement the terms of the Resolution Plan insofar as they pertain to implementation of the Resolution Plan as specifically allowed by the Principal Bench, NCLT, New Delhi; G. issue an order of an inquiry into the functionaries and officers of NOIDA involved in the allocation of plots, sub-division of the 'Sports City' project (thereby making the project untenable at inception) and the nature of the monitoring of the execution of the project by the officials of NOIDA by an appropriate investigative agency as may be deemed fit by this Hon'ble Court."

48. Learned Senior Counsel argued that the refusal by Noida Authority to revalidate layout map of the project amounts to violation of its obligations under the sub-lease deed. As per Clause II(g) of the sub-lease deed, M/s ASPL is bound to carry out construction activity in accordance with the approved layout map. The layout maps of the project were sanctioned by NOIDA on 29.04.2014 and were valid for five years, after the lapse of this period, it is mandatory to revalidate the layout map before restoring the condition.