NEW OKHLA INDUSTRIAL DEVELOPMENT AUTHORITY RESIDENTIAL PLOTS SCHEME FOR PRESCRIBED RESERVED CATEGORIES

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2 NEW OKHLA INDUSTRIAL DEVELOPMENT AUTHORITY RESIDENTIAL PLOTS SCHEME FOR PRESCRIBED RESERVED CATEGORIES Scheme Opens on : Scheme Closes on : TERMS AND CONDITIONS FOR ALLOTMENT OF RESIDENTIAL PLOTS Applications are invited for allotment of residential plots under development in Sector 100 from Prescribed Reserved eligible categories :- 1. I. ELIGIBILITY : (A) ELIGIBILITY FOR PRESCRIBED RESERVED CATEGORY APPLICANTS: (a) The applicant should be competent to contract and have attained the age of majority. (b) Only such applicants eligible bonafide employee/officer of NOIDA/Industrial units/commercial/ Institutional establishments or their Managing Director/whole time Director(s)/Proprietor/Partner(s)/Trustee(s) and Tenure-holders/Co-tenure Holders/legal heirs under the provisions of Section of UPZALR Act 1950 from the land acquired category shall be eligible, where the applicant/industrial unit/commercial establishment/ Institution /any of its past/present Director(s)/Partner(s)/ Proprietor/ Trustee(s)/ their spouse/dependent children have not been allotted a residential plot/house/flat under any earlier scheme of the Authority (EWS/LIG/DS-I/DS-II/TS-I/TS-II/UDAIGIRI- /UDAIGIRI-II HOUSES/FLATS allotted in favour of proprietor/partner/director of industrial unit/institution shall be excluded for this purpose). II. SPECIAL ELIGIBILITY CONDITIONS APPLICABLE TO SPECIFIC CATEGORIES : (A) INDUSTRIAL UNIT: (a) (i) Bonafide Industrial units fulfilling the following conditions will be eligible. The unit has been alloted/transferred an industrial plot/shed by NOIDA/NEPZ in its name on or before & should have taken physical possession of industrial plot/shed after legal documentation and has been declared functional on 1

3 (ii) or before The functional certificate to be issued by the NOIDA Authority should be enclosed the form duly filled in alongwith application form which will be got verified from the concerned department. The unit has cleared all dues upto , including lease rent. No dues certificate to be issued by the Accounts Department should be enclosed on the form duly filled in along with application form which will be got verified from the concerned Accounts Department. (b) In case application is being made by Proprietor/Partner/Managing Director/Whole-time Director of the industrial unit, the following conditions must be fulfilled :- (i) Applicant should be the Managing Director/Whole-time Director/Partner/Proprietor of the bonafide industrial unit. (ii) (iii) (iv) Nominated Director(s) of the company shall not be eligible. The applicant of Industrial category will have to fulfill all conditions as laid down at (A) I & II. The eligibility for allotment of residential plot shall be for one plot only either in the name of the unit or its bonafide Managing Director/Whole-time Director/Partner/Sole Proprietor, irrespective of number of premises in possession of unit. In case one director has taken residential plot against his X unit and he is also director of Y unit, he shall not be eligible against unit Y and one of the remaining directors of Y unit or the company shall be eligible under the scheme. (B) (i) (ii) (iii) (iv) INDUSTRIAL UNIT ON RENTED PREMISES: Industrial unit functioning in rented premises with due permission from the Industrial Department of NOIDA fulfilling the following conditions will also be eligible : The industrial unit is functioning in the approved industrial area of NOIDA. The industrial unit functioning in rented premises has obtained renting permission from NOIDA on or before A renting permission to this effect should be enclosed alongwith the application form. The industrial unit functioning in rented premises has obtained an industrial plot/shed in NOIDA by allotment or transfer on lease an industrial plot/shed and has taken possession of the same after execution of legal documents on or before The industrial unit should have cleared all the dues upto including lease rent. No dues certificate to be issued by the Accounts Department should be enclosed on the form duly filled in along with application form which will be got verified from the concerned Department. 2

4 NOTE : Plot category-wise selection of successful applicants for the industrial category will be done on the basis of seniority which will be determined on the basis of date of production as indicated in the functional letter issued by the industrial development department of NOIDA or the date on which the Director/Proprietor/Partner has been taken on record, whichever is later. In case the functional letter does not indicate the date of production, the date of functional letter would be deemed as the date of production. Where the dates are same, seniority will be decided through draw of lots. Specific plot numbers will be allotted through manual draw of lots. The eligibility/seniority of the applicants will be decided on the basis of reports received from Industrial Department of NOIDA. (C) 1) ELIGIBLE BONAFIDE COMMERCIAL ESTABLISHMENT : (i) The establishment should have been alloted the commercial plot/shop in its name on or before 15 th June, 2001 & should have taken physical possession of commercial plot/shed after legal documentation and has been declared functional on or before The functional certificate to be issued by Commercial Department should be enclosed the form duly filled in along with application form which will be got verified from the concerned department. (ii) The commercial establishment has cleared all the dues upto including lease rent on or before the date of opening of the scheme. No dues certificate to be issued by the Accounts Department should be enclosed on the form duly filled in along with application form which will be got verified from the concerned Department. (iii) Bonafide functional sub-lessee of commercial establishment who has obtained the premises from the lessee of commercial plot alloted on or before 15 th June, 2001 and has acquired sub-lease hold rights through the Authority by executing sublease agreement on or before shall also be eligible. (iv) In case application is being made by Proprietor/Partner/Managing Director/Whole-time Director of the commercial establishment, the name of such Proprietor/Partner/Director should have been taken on record of Commercial Department of NOIDA on or before 15 th June, (v) Such commercial establishment/their Proprietor/Partner/Managing Director shall not be eligible where the commercial establishment has been obtained through transfer and past owner had already obtained a residential plot. (vi) The eligibility for allotment of residential plot shall be for one plot only either in the name of establishment or its Bonafide Director/Partner/Sole proprietor irrespective of number of premises in the possession of establishment. (vii) The allottees of commercial platforms will be eligible for allotment of residential Built-up Houses/Flats only. Other commercial applicants will be eligible for allotment of any sizes of plots. 3

5 II) ELIGIBLE BONAFIDE INSTITUTION : (i) (ii) (iii) (iv) (v) (vi) (vii) Bonafide institution fulfilling the under mentioned conditions on will be eligible: The institution should have been allotted the institutional plot/premises in its name on or before 15 th June, 2001 & should have taken physical possession of institutional plot/premises after legal documentation and should have been declared functional on or before The functional certificate to be issued by the NOIDA should be enclosed the form duly filled in along with application form which will be got verified from the concerned department. The institution has cleared all the dues upto including lease rent..no dues certificate to be issued by the Accounts Department should be enclosed on the form duly filled in along with application form which will be got verified from the concerned Department. In case the application is made by the Managing Director/Whole time Director/Trustees/ Executive member, their names should have been taken on record of the Authority on or before 15 th June, In case the applicant is made by the Educational Institution, the names of their Directors/ Trustees/Chairman/Vice-Chairman/Executive Members should have been taken on record of the Authority on or before Such institutional establishment/their Director/Trustee/Executive member shall not be eligible where the institutional establishment has been obtained through transfer and past owner had already obtained a residential plot. The eligibility for allotment of residential plot shall be for one plot only either in the name of Institution or its bonafide Managing Director/Whole-time Director/Trustee/Executive Mamber, irrespective of number of premises in possession of the institution. Charitable / Religion Institution and its members / trustees are not eligible for allotment of Residential Plot. NOTE : Plot category-wise selection of successful applicants for the commercial/institutional category will be done on the basis of combined seniority, which will be determined on the basis of date of functioning as indicated in the functional letter issued by Commercial/Institutional Departments of NOIDA or the date on which the Managing Director/Wholetime Director / Proprietor / Partner / Trustee / Chairman / Vice- Chairman/Executive member has been taken on record,whichever is later. In case the functional letter does not indicate the date of starting commercial/institutional activity, the date of functional letter would be deemed as the date of commencement of commercial/institutional activity. Where the dates are same, seniority will be decided through draw of lots. Specific plot numbers will be alloted through manual draw of lots. The eligibility/seniority of the applicants will be decided on the basis of report received from Commercial/Institutional Departments of NOIDA. 4

6 (D) ELIGIBLE VILLAGER WHOSE LAND HAS BEEN ACQUIRED BY NOIDA: Such bonafide original tenure holder who fulfills the following conditions shall be eligible :- (i) Original tenure holder farmerswhose land has been acquired for NOIDA on or before 01/04/1997. (ii) Who has received full compensation of the acquired land on or before (iii) No litigation in any court of Law is pending with the Authority on or before with respect to any acquired land of the applicant. (iv) No encroachment has been made by the applicant on land acquired by NOIDA irrespective of acquired land against which the application for allotment has been imadein this scheme. (v) All the co-tenure holders of villager category who have not been allotted plot earlier, will be eligible to apply. The manual draw will be done amongst all cotenure holders to choose one tenure holder for allotment of plot. (vi) The legal heirs of original tenure holders whose land has been acquired shall be eligible for allotment of Residential Plots. The eligibility of legal heirs shall be determined as per Section of UPZALR Act (vii) Such tenure/co tenure holder whose land has been acquired by NOIDA shall not be eligible for a plot which is bigger than the area acquired. (viii) Succession Certficate issued in prescribed enclosed performa by Distt Magistrate or Sub Divisional magistrate, Gautam Budh Nagar will be accepted. Succession certificate issued by any other officer shall not be considered. Succession certificate will have to be enclosed in original alongwith application form. (ix) If the deceased tenure holders have seperate Khasra/ Khata, in that case also only one legal heir will be eligible for allotment of plot. (x) All such applicants, who claim to apply under this category, shall have to submit in origional a certificate in the enclosd prescribed proforma issued by Administrative Officer or Tehsildar Noida Authority stating therein about the position of land acuquired, name of person / persons whose land was acquired, status of possession of such acquired land and receipt of compensation and court case pending if any. (xi) Applicants, applying under this category shall have to submit the information /requisite documents after obtaining eligblity certificate as stated above from the Land Department of Noida Authority. NOTE : Plot categories Selection of applicants of villager category will be decided on the basis of seniority, which will be determined on the date of delivery of possession of land to NOIDA. Where the date of possession is same, suiter se-seniority will be decided through manual draw of lots. Specific plot numbers will be alloted through manual draw of lots. The eligibility/seniority of the applicants will be determined on the basis of report received from Land Records Department of NOIDA which shall be binding on the applicants. 5

7 (E) (i) (ii) ELIGIBLE NOIDA EMPLOYEES: Eligible Noida employee for registration under this scheme, would mean Regular Employees of New Okhla Industrial Development Authority on or before and still working in Noida. A certificate to this effect from Personnel Department should be enclosed along with application form. Employee on deputation to Noida are not eligible for allotment under the scheme. In case the applicant is alloted a plot, he/she will not be entitled to allotment of a staff quarter after expiry of the stipulated period for construction on the plot and in case he/she is in occupation af a staff quarter, the same will have to be vacated on the expiry of the stipulated construction period. In case of delay, the market rent/penalty, as decided by the Chief Executive Officer, NOIDA shall be leviable. The employees of NOIDA shall be eligible to apply maximum area/plot category according to their revised pay-scale as mentioned below: 1. Basic pay upto Rs. 6000/- Upto sq.mts.plot 2. Basic pay upto Rs /- Upto sq.mtrs.plot 3. Basic pay above Rs /- Any size of plot In case any employee wants to apply for higher size of plot category other than he/she is eligible, he/she will have to obtain specific written approval from Competent Authority before closing date of the scheme. Plots alloted under Noida employees category shall not be transferable for a period of 10 years from the date of allotment. NOTE : Plot category-wise selection of successful applicants for the NOIDA Employees category will be done on the basis of seniority list of Personnel Department of NOIDA. Specific plot numbers will be alloted through draw of lots alongwith other applicants in the respective plot category. The eligibility/seniority as decided by Personnel Department, NOIDA shall be binding on the applicant. 2. Details of Category of Plots: The details of category of plots available under the scheme and the amount of Registration Money to be deposited along with the application is given below. This availability is tentative and number of plots available for actual allotment under the scheme will be declared at the time of draw: PLOT AREA OF PLOTS APPROX NO OF PLOTS REGISTRATION CODE (IN SQ MTR) MONEY (IN RS) 01 UPTO SQ MTRS 64 50,000/ & 200 SQ.MTRS ,000/ & 300 SQ MTRS ,000/- TOTAL PLOTS 434 6

8 3. SALE OF APPLICATION FORM: The brochure containing the detailed terms & conditions and the application form will be available on payment of Rs. 750/-per brochure from the following Banks:- VIJAYA BANK, SECTOR 6, NOIDA CANARA BANK, SECTOR 1, NOIDA BANK OF MAHARASTRA, SECTOR 19 NOIDA PANJAB NATIONAL BANK, SECTOR 1, NOIDA 4. MODE OF REGISTRATION Application form for Registration under prescribed Reserved Categories will be submitted in VIJAYA BANK, SECTOR 6, NOIDA, CANARA BANK, SECTOR 1, NOIDA, BANK OF MAHARASTRA, SECTOR 19 NOIDA, PANJAB NATIONAL BANK, SECTOR 1, NOIDA. The application should be accompanied with Demand Draft/Pay Order of Registration Money as mentioned in Clause-2 above. The Bank Draft/Pay order of Registration Money should be made in favour of New Okhla Industrial Development Authority., payable at Delhi/New Delhi/Noida. NOTE: i. In case of reciept of more than one application from one applicant under this scheme, all the applications of such applicant shall be summarily rejected and money deposited will be forfeited. ii. Incomplete application form shall be summarily rejected. iii. Applicant must mention the name of Bank, Bank A/c. No. and PAN Number in the application Form. IV. Those applicants who have already applied in earlier Residential Plot Scheme 2004(1), can also apply in this scheme but in case the allotment of plot is made, under this Scheme, the application under Scheme 2004(1) will automatically be cancelled and balance registration money of Rs. 1000/-shall be refunded as per rules. 5. PERIOD OF LEASE: The allotment of residential plot will be made on lease hold basis. The lease shall be for a period of 90 years from the date of execution of lease deed of alloted plot. 6. PREMIUM OF PLOT: (i) The premium of plot allotted will be as under :- For Sector 100 Rs 7500/- Per Sqmtr 7

9 (No request for consideration for specific sector shall be entertained. Application recieved with any such request shall be summarily rejected.) (ii) Location charges shall also be applicable as below in addition to the land rate mentioned above:- (a) Corner plot - 5% of the premium. (b) Plots facing Park/Green Belt - 5% of the premium. (c) (I) Plots facing 18 mts. Wide road & above - 5% of the premium. (ii) Plots facing 30 mts. Wide road & above - 20% of the premium. (d) Plots having all the three above locational benefits - 30% of the premium. But the Location charges in no case shall exceed 30% of the premium. (iii) Any enhancement towards rate of land compensation will be recoverable from the allottee. 7. GROUND RENT/LEASE RENT : In addition to the premium of plot, the lessor shall have to pay yearly ground rent/lease rent in the manner indicated below : (i) The ground rent/lease rent will be 1% of the plot premium for the first 10 years of lease period. (ii) The ground rent/lease rent shall be enhanced 50% after every 10 years i.e. 1.5 times of the prevailing lease rent. (iii) The lease rent shall be payable in advance every year. First such payment shall fall due on at the date of execution of lease deed and thereafter, every year, on or before the date of execution of lease deed. Delay in payment of the advance lease rent will be subject to p.a. compounded half yearly. Onus of payment of lease rent would remain with the allottee/lessee. However, allottee can deposit advance lease rent for 10 years by paying 7 times of lease rent prevailing at that time. At the time of deposit of advance lease rent, dues against lease rent should be nil. 8. PAYMENT PLAN : (i) The amount of Registration Money of plot category applied for as shown in Clause-2 above, shall be paid to the New Okhla Industrial Development Authority in the form of bank draft/pay order drawn in favour of New Okhla Industrial Development Authority payable at New Delhi/Delhi/NOIDA 8

10 alongwith the application form at the time of submission of application for allotment. (ii) The Successful applicant will have to deposit allotment money equivalent to 30% of the total premium of plot (after adjustment of registration money) within 30 days from the date of issue of allotment letter. In case of non-payment of allotment money within 30 days, the allotment will be treated as withdrawn and cancelled and the Registration Money deposited shall be forfeited in favour of the Noida Authority. However, extension of time for depositing allotment money may be granted in exceptional circumstances by the Chief Executive Officer, NOIDA or any officers authorised by him subject to payment of 13% interest p.a. compounded half yearly for delayed period on amount due. (iii) Balance 70% of the premium of plot shall be payable to NOIDA In 10 half yearly instalments alongwith p.a. compounded every half yearly from the date of allotment on the balance outstanding amount on timely payment. The payment of first instalment together with the interest will fall due after six months from the date of issue of allotment letter. In case of delay in payment, interest on defaulted amount for delayed period shall be 13% p.a. compounded half yearly. (iv) All payments shall be accepted within stipulated time in the form of Accounts Payee demand draft/pay order in favour of NEW OKHLA INDUSTRIAL DEVELOPMENT AUTHORITY payable at New Delhi/Delhi/NOIDA. However, in exceptional circumstances the time of deposit for payment of amount due may be extended by the Chief Executive Officer any other officer duly authorised by him on his satisfaction But in case of such extension, an p.a. compounded every half yearly will be charged on the amount payable to NOIDA for the extended period. 9. MODE OF ALLOTMENT : (i) The allotment will be made in two stages. In the first stage, successful applicants for allotment of plots for respective plot categories will be identified. In the second stage, specific plot numbers will be allotted by manual draw of lots to successful applicants identified in the first stage. The plot numbers will be allotted on the basis of layout plans. As the plots available for allotment suitable in the developing sectors, it will take about 1 years for development works. Successful applicants for the reserved categories in the first stage will be identified on the basis of seniority as has been indicated above in Clause-1. II Note (SPECIAL ELIGIBILITY CONDITIONS APPLICABLE TO SPECIFIC CATEGORIES). (ii) Applicants who will be unsuccessful in allotment of plots, will be refunded their Registration Money without interest, if the period of deposit of such money with NOIDA is one year or less. Please mention your Bank A/C. No., Name and Address of Bank Branch in the application form to issue refund cheque by the registering Bank on behalf of the Authority. 9

11 (iii) (iv) If the period of deposit of Registration Money is more than one year simple p.a. or interest payable by State Bank of India on saving bank account whichever is lower shall be paid on registration money for the entire period of deposit. For the purpose of calculation of interest on Registration Money, period shall be calculated from the last date of the scheme. For this the month in which the last date of the scheme falls and the month in which the Registration Money is refunded shall not be taken into account. 10. SURRENDER : (i) (ii) (iv) In case the applicant wishes to withdraw his/her registration amount prior to draw of lots, he/she can obtain the same without deduction but without interest. However, no withdrawl will be permissible upto 3 months from the date of closing of registration of applicants except in very special circumstances with the permission of the Chief Executive Officer, NOIDA. In case the allotment made to an applicant on the basis of draw of lots, is sought to be surrendered by him/her after the issue of allotment letter, he/she shall be refunded expect interest, lease rent and penalty. No interest shall be payable on the deposited amount by the Authority. The signatures and Photo of the applicant on application for surrender of allotment of plot should be attested by Gazetted Officer/Banker. 11. CHANGE IN THE ENTRIES IN APPLICATION FORM : Once an application is submitted, no amendent except change of address in the application form will be accepted without prior permission in writing of the Chief Executive Officer or such officer as he may depute on his behalf. The decision will be taken on the basis of information given in the application form at the time of submission of the application. Change of address, if any, may be communicated to the Authority by registered post to the Residential Plots Department, NOIDA. The applicant should also make arrangement to get letters redirected at the changed address, respectively for undelivered letters. However, date of allotment letter shall hold good for payment of allotment money and instalment, in case of delay in reciept of the letter due to change in address. 12. EXECUTION OF LEASE DEED AND POSSESSION : The allottee will be required to execute legal documents and take over physical possession of the plot when he/she is called upon to do so. Action for cancellation of allotment and forfeiture of deposited amount shall be taken in case of failure to execute legal documents within stipulated/extended period. The due date of 10

12 execution of lease deed will be the date from which lease rent will be chargeble and also stipulated period of construction would commence from the due date of execution of the deed. Taking over physical possession, immediately after execution of the deed will be obligatory on the part of the lessee. 13. AREA OF PLOT : Area of plot allotted or handed over may very from the size of the plot advertised in the scheme or applied fo. If the area of the plot indicated in the allotment letter issued by the Authority or actually handed over to the allottee is found less than the area applied for, a proportionate change in the amount of premium would be made. The allotment of excess area on the basis of Site Plan of the plot, shall be made at the current rate prevaling at the time of allotment of additional land and premium of excess area will be recovered in lump sum. No interest would be charged for first 30 days from the date of allotment of excess area. In the event of failure to deposit plot premium of excess area, penal p.a. compounded half yearly for defaulted period would be charged. No dispute would be allowed to be raised by the allottee on the ground of variation in the size of the plot. The allottee will have no right for change of plot or refund of registration money deposited by him/her, on this account. If the variation between the plot area applied for and the area allotted is more than 20 percent and the allottee is unwilling to accept the enhanced or reduced area, the registration money/ amount deposited by the allottee will be refunded without any interest, if he/she applies for refund within 30 days from the date of issue of allotment letter/such communication. If the excess area adjacent to allotted plot exceeds 20% of the allotted plot, right of allotment will vest with the authority. 14. AS IS WHERE IS BASIS : The allottee will have to accept on plot on AS IS WHERE IS BASIS. 15. EXPENSES RELATED TO LEGAL DOCUMENTATION : The cost of stamp duty for execution of lease deed and expenses of registration of legal documents and its copies and all other incidental expenses will be borne by the allottee who will have to pay transfer duty on transfer of immovable property or any other duty or charges that may be levied by any Authority empowered in this behalf. 16. PERIOD OF CONSTRUCTION : The allottee/lessee will have to complete the construction on the plot and to obtain Occupancy Certificate of plot from the Authority within two years from the due date of execution of legal documents. In case the lessee does not construct the building within the time provided in the lessee deed, the same will bedetermined unless the lessee is given extension of the time for construction as 11

13 per prevailing policy at the time of such extension of the time for construction as per prevaling policy. The extension of time for completing the construction of plot, can be granted on payment of extension charges equivalent to 4% of plot premium for first year, 5% of plot premium for second year and 6% of plot premium for third year. Further extension beyond three years will be granted on payment of extension charges equivalent to 4% of sector rate per sq.mtrs. prevailing at the time of granting such extension of time. 17. LAND USE : The plot will be used only for residential purpose. The allottee shall not indulge in any such act/activity on the premises which may amount to change in land use and/or is likely to cause pollution or nuisance. Use of residential plot or part thereof for the purpose of non residential purposes e.g. shop, office, Nursing Home/Clinic, School etc., would amount to breach of conditions and allotment/lease deed of plot would deemed to be cancelled/determined even without issuing notice for cancellation. The Authority would be free to re-enter into the premises after given 15 days notice to vacate the plot/premises. 18. OBSERVATION OF BUILDING BYE-LAWS : (i) Construction of the building on the plot will be according to approved building plan and specifications approved by the competent Authoriy. (ii) The allottee/lessee will not be entitled to sub-divide the plot area or amalgamate with any other plot. 19. MORTGAGE : The allottee/lessee, with the prior permission of the Chief Executive Officer, NOIDA or any other officer authorised by him, may mortgage the residential plot to the Banks, Govt. Organisations/financial institutions approved by Reserve Bank of India or National Housing Bank, for availing loan for purchase of plot or construction of house on the plot. 20. TRANSFER The transfer of plot or house built upon it will not be done without prior permission of the Chief Executive Officer, NOIDA or any other officer duly authorised by him in this regard. Such permission will be granted on the basis of the terms & conditions prevailing and such charges as prescribed and levied by the Authority at the time of granting such transmission. 21. LIABILITY TO PAY TAXES : The allottee/lessee will be liable to pay all taxes, charges, fee and assessment of every description in respect of the plot whether assessed, charged or imposed on 12

14 the plot or on the building constructed thereon, by the lessor or any other competent Authority. 22. CONSEQUENCES OF BREACH OF TERMS AND CONDITIONS : If the alloottee/lessee fails to deposit the due amount within the given time or such extended period as allowed by the Chief Executive Officer, NOIDA or his duly authorised representative or commits any breach of the terms & conditions as laid down in this brochure/allotment letter/lease deed, the allotment/lease shall be liable to be cancelled/determined and deposited amount equivalent to 1% of plot premium shall be forfeited in favour of the Authority and balance deposited amount, if any, will be refunded to the allottee after cancellation. Possession of the plot along with the structure existing thereon, shall be resumed in favour of the Authority and the allottee/lessee shall not be Antitled to claim any compensation for for same. 23. CONSEQUENCES OF MISREPRESENTATION : If the allottment/lesser of the plot is obtained by any misrepresentation, suppression of material fact, mis-statement or fraud, allotment/lease of plot may be cancalled/determined and the possession of the plot and building thereon (if exists) may be resumed by the Chief Executive Officer, NOIDA or his duly authorised representative and the allottee/lessee will not be entitled to claim any compensation. Entire money deposited will also be forfeited in favour of the Authority. Besides, Authority will be at liberty to initiate legal/criminal action against such allottee/lessee. 24. OVER RIDING POWERS OVER DORMANT PROPERTIES : The Authority reserves the right to all mines, minerals, coals, washing golds, earth golds quarries, in, over or under the allotted plot and shall have full right and power at the time to do all acts and things which may be necessary or expedient for the purpose of searching for working and obtaining, removing & enjoying, the surface of the residential plot or for any building for the time being standing thereon provided always that the Authority shall make reasonable compensation to the allottee/lessee for all damages directly occasioned by the exercise of such rights. To decide the amount of rasonable compensation, the decision of the Chief Executive Officer, NOIDA will be final and binding on the allottee/lessee. 25. OTHER CLAUSES : (i) The Chief Executive Officer, NOIDA reserves the right to make such additions, alternation or modifications in the terms and conditions of allotment from time to time as he may consider just and expedient. 13

15 (ii) In case of any clarification or interpretation regarding these terms and conditions, the decision of the Chief Executive Officer of the Authority shall be final and binding on the applicant. (iii) If due to any FORCE MAJEURE circumstances beyond Authority s control, the Authority is unable to make allotment or delivery of possession of allotted plot, entire deposited amount towards plot premium will be refunded alongwith p.a., if delay in refund is more than three months from the date of allotment. (iv) For all disputes on any issue pertaining to allotment/lease, the jurisdiction of disputes will be the District Court, Gautam Budh Nagar and/or the High Court of Judicature at Allahabad. (v) The allottee will be governed by the provisions of U.P. Industrial Area Development Act, 1976 and by the Rules/Regulations framed or irections issued there under. 14

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