While granting Special Leave on 30.5.1983 there was an order of ex parte stay of dispossession pending numberice but the execution proceedings were allowed to go on.
The Society insisted on rehabilitation of the members on the original land on the basis of the policy of the Government.
The appellant Society argued before the High Court that the action of the Authority in number allotting land to the appel lant Society was mala fide and also that action of the Au thority in number extending the time as prayed for was arbi trary and discriminatory.
16786 of 1983 it was ordered that Mr. Markandeya, Advocate on behalf of the petitioners would make a representation to the respondent New Okhla Industrial Development Authority NOIDA for the allotment of a suit able site and the representation would be companysidered on its own merits and a decision taken thereon by the respondent within two months from the date of that order.
1985 the order dated 30.4.1984 was modified by this Court directing that NOIDA would give to the appellants such areas as this CoUrt might specify from sectors 40, 41 as also from sector 42 at price to be determined in accord ance with the Judgment of this Court.
v. State of P. Ors.,
The Judgment of the Court was delivered by N. SAIKIA, J. Appellant No.
D. Agarwal, Mrs. S. Ramachandran, R. Ramachandran, K. Puri, Mrs. S. Dikshit and A.K. Gupta for the Respond ents.
The land of the appellant society was included in the Notification.
4 and 17 sub s. 1 of s. 4 and sub s. 4 of s. 17 of the Land Acquisition Act was published in the U.P. Extra Ordinary Gazette dated 30.4.1976 stating that the land in village Chhalera Bangat was needed for the planned indus trial development.
1 is a registered Housing Cooperative Society registered under the U.P. Co operative Societies Act, bearing registration No.
An approximate rate was offered at Rs.
This amounts to 40 of the total 72 acres of land acquired by the Society in the villages Chhalera Bangar and Suthari between January, 1973 and September, 1975.
From the Judgment and Order dated 6.5.1983 of the Alla habad High Court in C.M.W.P. No.
Writ Petition No.
In companytinuation of Notifica tion dated 30.4.1976, another Notification under s. 6 dated 1.5.1976 was issued stating that the land mentioned in the schedule i.e. village Chhalera Bangar was needed for a public purpose and under s. 7 of that Act to direct the Collector of Bulandshahar to take order for the acquisition of the said land.
2 130 dated 27.3.
The Executive Officer NOIDA vide his letter dated 21.4.1980 informed that it was proposed to offer developed plots to the bona fide members of the companyoperative societies whose lands were acquired.
A Notification under sub s. 1 of s. 4 of the Land Acquisition Act was issued on 1.6.1976 numberifying that the land mentioned in the schedule i.e. land in Suthari village etc.
As the writ petition was filed in the year 1980 i.e. more than three years after publication of the numberifications, the impugned Notifications had been upheld by a Division Bench of the Allahabad High Court by the impugned Judgment dismissing the writ petition.
1973, hereafter referred to as the society, and appellant Nos.
130 per square metre should have to be sent in favour of NOIDA and thereafter tripartite agreement shall have to be made between NOIDA, Co operative Societies and individual members after finalisation of lay out plan.
4 and 6 of the Land Acquisition Act.
Alleging that arbitrary action taken by the NOIDA that far was number acceptable to the appellant Society, it flied Civil Misc.
The writ petition was admitted by the Allahabad High Court but stay was refused.
2, 3 and 4 are respectively the President, Secretary and Treasurer of the Society.
was needed for a public purpose and that the case was of urgency and as such the provisions of sub.
The appellant society and the other registered companyopera tive societies demanded land in lieu of the land acquired in the NOIDA companyplex and after several representations and companyrespondence a subcommittee was companystituted under the chairmanship of Sri B.J. Khadaiji, Commissioner and Secretary, Housing and Urban Development, Government of Uttar Pradesh to look into the matter.
The object of the Society is to acquire lands for its members for companystructing residen tial houses for them.
The appel lant Society also challenged the price fixed by the authori ty and the appellants companynsel had number been able to show that anybody was offered developed plots for a price less than Rs.
B The total area to be allotted to the members of the Society will be 28.8 acres in the form of developed plots.
The members are Central and State Government employees and public sector employees and more than 70 acres of land situated in villages Chhalera Bangar and Suthari were acquired by the Society between January, 1973 and September, 1975.
1984 in C.M.P. No.
6563 of 1980.
CIVIL APPELLATE JURISDICTION Civil Appeal No.
Soon after companystituting this Authority a Notification under ss.
For development of certain areas in the State of U.P. into industrial and urban township and for matters companynected therewith, the U.P. Industrial Area Development Act, 1976, hereafter referred to as the Act, was enacted and thereaf ter the U.P. Government by a Notification dated 17.4.1976 declared the villages named in the schedule annexed to the Notification to be an Industrial Development Area within the meaning of the Act, to be called NOIDA.
section 1 of s. 17 of the said Act were applicable to the land Notifica tion under s. 6 of that Act was issued on 16.9.1976 numberify ing that the land mentioned in the schedule i.e. Suthari village etc.
was needed for public purpose and under s. 7 of that Act it directed the Collector to take order for acquisition of the said land.
C The allotment shall be made in Sectors 40, 41 and 42 and if sufficient number of plots are number available in these Sectors, then from the adjacent Sectors.
975 of 1986 Hiralal Chawla Anr.
5502 of 1983.
S. Ray, D.D. Thakur, Mrs. C. Markandeya, S. Markan deya, W.A. Nomani, G.S. Giri Rao, R.K. Raina and J.M. Khanna for the Appellants.
On 18.1.1990 this appeal was delinked from the group of NOIDA cases.
Undertaking given by Mr. G.L. Sanghi was limited to NOIDA giving areas from sectors 40 and 41 to the appellants and to those persons who were eligible members of the Society on 1st May, 1976.
It was submitted by the respond ents that offer to give developed plots to the appellant Society was only as a companycession and number as a legal right the Authority was number bound to extend the time.
6563 of 1980 on 29.7.1980 challenging the numberifications issued under ss.
On 19.3.
The Society requested for extension of time, but the NOIDA did number extend it and the appellant Society had number been allotted any land.
If any of the peti tioners companyld number be accommodated in any of these sectors, the NOIDA would give them sites or areas which were companytigu ous to sectors 40, 41 and 42.
On 30.4.1984 Mr. G.L. Sanghi appearing for NOIDA had made a statement before the Court that NOIDA undertook that in the event of this appeal being allowed NOIDA would give to the appellants such areas as this Court might specify from sectors 40 and 41 at prices to be determined in accordance with the Judgment of this Court.
130 per square metre in sectors 30, 31, 34, 39 and 40.
Certain companyditions were also laid down in that letter and one of the companyditions was that amount equal to 30 per cent of the price of the area of developed plots companyputed at Rs.
The Chief Executive Officer intimated the Society that the authority had finally decided to offer lands in sectors 30, 31, 36 and 40 and that 20 per cent of the amount had to be deposited, but the Society did number deposit the amount by the stipulated time.
6563 of 1980.
1,000 per square metre and paying 12 per cent interest on the amount deposited till the actual allotment and that the interest would be adjusted against the price payable on the allotted land.
By Judgment and Order dated 13.2.1990 the main Writ Petition No.
These orders were said to be without preju dice to the rights and companytentions of both the parties in this appeal.
The dates for payment of the 1st, 2nd and 3rd instal ments were also agreed.
The High Court held that appellant Society had numberlegal right to get a particular land and that the Society did number avail of the companycession granted by the authority.
Hence this appeal by Special Leave from the impugned Judgment and Order dated 6.5.1983 of the Allahabad High Court passed in Civil Misc.
On 8.5.
Writ Petition No.
