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Illegality in Allotment of Plot No.B-002 Sector 32 and subsequent conversion to Plot No.26, Sector-14A

16. Case of prosecution is that the appellant Neera Yadav sought allotment of a residential plot in her name vide an undated application, allegedly moved after closure of the concerned scheme, with undated CA NO.253 OF 2017 cheque. Appellant preferred an undated application (Ext. Ka-37) for allotment of a residential Plot under Category-VI (Regular Employees of NOIDA or regular Government/Public Sector Undertaking Employees on deputation to NOIDA) under the Scheme 1994(i), which was issued inviting applications for allotment of residential plots in Sectors 23, 32, 33, 34, 35, 49 and 53 as per the brochure. The scheme offered five categories of plots, based on size. The concerned application No.648 (Ext. Ka-37) was preferred by the appellant for Plot code 05 i.e. plot of 350 sq.ms.

18. Case of the prosecution is that allotment of the plot under the concerned scheme in favour of the appellant is marred by grave infirmities which is in complete violation of the norms of the scheme as CA NO.253 OF 2017 stated in the brochure. Firstly, the prosecution alleged that the application (Ex. Ka-37) was completely defective as it was neither completely filled, nor requisite Annexures were appended to it. Secondly, the prosecution alleged that neither the mode of payment of the registration amount was as per the norms, nor the actual requisite amount due was paid by the appellant. The application No.648 (Ex.Ka-37), when tested on the anvil of the norms stated in the brochure of the scheme, it was found defective on following counts:-

19. Clause 3 of the brochure provides that incomplete application without enclosures shall not be registered. Relevant portion of Clause 3 of the brochure is as under:

CA NO.253 OF 2017 “……Incomplete application and applications without enclosures as mentioned above for allotment of specific plot shall not be registered. Therefore, the applicants are requested to submit complete application form in all respect alongwith the required enclosures and requisite amount of registration money for registration.” As per the brochure of the concerned scheme, the documents as indicated thereon must be attached to the application form in order to establish the eligibility of the applicant for obtaining plot in NOIDA.

29. The above mentioned change in the site plan of Sector-14A, apart from resulting in direct loss of land to NOIDA, is also contrary to the Rules of NOIDA. Clause 11 of the brochure of the scheme provides that the area of a plot allotted or handed over may vary from the size of the plots advertised in the scheme and applied for, and a marginal increase or decrease in area upto a maximum of 20% on either side may be allowed. Clause 11 of the brochure reads as follows:-

“11. AREA OF PLOT: