9911796707
TMI Blog2022 (3) TMI 317X X X X Extracts X X X X X X X X Extracts X X X X ..... inal writ petitioner has preferred the present special leave petition. 2. The facts leading to the present special leave petition in nutshell are as under:- 2.1 That the petitioner entered into a Sale Deed with the respondent - NOIDA vide Sale Deed dated 19.09.2001 whereby the petitioner sold a Plot No. 163 of Khata No. 254 to the NOIDA under the provisions of Section 6 of the U.P. Industrial Area Development Act, 1976 and in terms of the Resolution in 102nd meeting of NOIDA. According to the petitioner, Clause No. 12 of the Sale Deed clearly provided that a plot of 10% area (to be calculated of the total land sold) shall be allotted to the petitioner on payment of 10% of the amount as being paid under the Sale Deed. In addition, it clea ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 09.2001 and as per the Resolution passed in 102nd meeting of NOIDA Board on 07.01.1998. The High Court by the impugned judgment and order has dismissed the said writ petition inter alia holding firstly, that Writ Petition arising out of contract between parties is not maintainable and petitioner should have filed a Suit for specific performance; secondly, Writ Petition has been filed after a delay of 16 years and delay is fatal for challenge to acquisition or for any claim arising out of it; thirdly, Clause 12 of Sale Deed provided for allotment of land to original Khatedar and as the petitioner has purchased land in 1970 therefore it's clear that petitioner is not original agriculturist; and the establishment of NOIDA in 1976 shall hav ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... same. Instead, the High Court entertained the said writ petition and directed the NOIDA to decide the representation of the petitioner, which as such was made after a period of 10 years, expeditiously and it gave the fresh blood to the litigation, which otherwise was barred by delay and latches. The High Court by passing the order dated 07.04.2017 as such did not realise and/or appreciated that the writ petition itself was required to be dismissed on the ground of delay and latches as the same was filed after a period of 11 years from the date of execution of the Sale Deed under which the right was claimed. We have come across number of such orders passed by the High Courts directing the authorities to decide the representation though the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... on subsequently has given a fresh cause of action. 6. Even otherwise on merits also, we are in complete agreement with the view taken by the High Court. The High Court has rightly refused to grant any relief which as such was in the form of specific performance of the contract. No writ under Article 226 of the Constitution of India shall be maintainable and/or entertainable for specific performance of the contract and that too after a period of 10 years by which time even the suit for specific performance would have been barred by limitation. 7. In view of the above and for the reasons stated above, there is no substance in the present special leave petition and the same deserves to be dismissed and is accordingly dismissed. Pending appl ..... X X X X Extracts X X X X X X X X Extracts X X X X
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