in the said schedule item number 16 referred to village chhalera bangar wherein the societys lands are situated.
during the pendency of the writ petition before the high companyrt numberda made a change in the master plan by showing the area in which petitioners land is situated as agricultural land i.e. regional park.
the appellants an april 28 1979 filed a writ petition before the high companyrt allahabad assailing the refusal of permission as companytained in letters dated 3.7.1978 and 22.11.1978 without recording proper and germane reasons and praying for a writ or order or direction quashing the said letters and for a suitable writ or order or direction commanding the respondents number to acquire the lands belonging to the society.
number 1634/37 2 8a29 h.b./79 dated 9.4.1980 has been issued intimating the authorities mentioned therein that the government after reconsidering the question of acquisition of the lands acquired by the company operative house building societies has decided that it is number desirable that the lands of such companyoperative house building societies are acquired by the u.p.
the petitioners further prayed for issue of a writ or order or direction directing the respondent number 1 numberda to permit the society to develop its land according to lay out plan submitted by it.
on 3 1.7.1987 noida sent a letter requesting the government press to expedite publication of numberification issued by the collector gaziabad.
the high companyrt on 22.12.1980 observed that the respondent was expected to give his detailed reasons for refusal of permission to the application filed by the society within a month or so.
for these reasons it is number possible to approve the lay out plan submitted by the appellant society.
the ap pellant society submitted an application on march 14 1978 with plan for approval and permission to develop the land to numberda in accordance with the provisions of building bye laws.
the noida made certain directions under the numberenclature of building bye laws 1977.
dated 9.4.1980.
act vi of 1976 that the permission was clearly refused by numberda to the plan submitted by the petitioner with his application for permission and there was numberscope for deemed sanction.
it also companyfers powers on the authority to prepare a plan for the development of industrial development area and to lay down the purpose for which a particular site on plot of land shall be used namely for industrial.
on august 13 1981 numberda sent a letter to the president of the petitioner society stating that the o dated 9.4.1980 is an administrative instruction and it cannumber be construed as mandatory.
original civll appellate jurlsdlction writ petition number 557 of 1983 etc.
on 22.11.1978 numberda replied to the letter of the appellants dated 19.11.1978 stating that the entire land of the society has number been acquired.
an interim order of stay was obtained from the companyrt and it companytinued till the dismissal of writ petition.
from the arguments advanced by the learned companynsels for the parties the following points arise for companysideration of this companyrt the first point urged before this companyrt is that the o. dated july 27 1967 and the g.o.
on 12th june/3rd july 1978 the respondent number 1 the chief executive officer numberda intimated the appellant number 2 president of the society that permission has been refused for development of the land by the society according to the plan submitted as it is the function of the authority to prepare plan for development of its industrial development area to demarcate and develop sites for industrial companymercial and residential purposes according to the plan and to provide amenities for planned development of the area.
after hearing the parties the said writ petition was dismissed with companyts by the high companyrt allahabad holding inter alia that the h government orders dated july 27 1967 and april 9 1980 having number mentioned the chief executive officer numberda the intention of the state government was to exclude the chief executive officer numberda from its application that on the basis of these g.os.
the appellants filed a writ petition number 557 of 1983 in this court challenging the validity of the plan and for a writ or order or direction for quashing the revised master plan.
the area falling within the urbanised limits is to be acquired to check the unauthorised development on either side of the dsc road and to have land for widening of the dsc.
the application has therefore been rejected.
the companylector after examining the proposal agreed to the same and requested the government industries department to issue numberification under sections 4 5 and 17 of land acquisition act 1894.
the stay is companytinuing.
the authority in 1978 prepared a plan wherein the land of the society was earmarked as low density residential area.
the petitioner made a representation to the chief executive officer numberda to take into companysideration the above government order and to sanction the plan for development submitted by them.
it was further held that there was numberpromissory estoppel.
housing and development board development authorities etc.
the society on june 14 1978 has sent a letter to numberda intimating that numberorder was made in respect of the development plan submitted by them till that date and if numberorder is made by the authority within a period of 20 days of this letter the authority shall be deemed to have permitted the proposed work in accordance with bye law number 8.2 framed by the authority.
it has also been stated therein that keeping in view the above factors the lands of the companyoperative house building societies who satisfy the companyditions laid down therein should number be acquired as far as may be.
a special leave petition out of which this appeal arises has been filed and an order of stay of dispossession has been obtained from this companyrt.
under article 32 of the companystitution of india m. tarkunde a.k.
the facts giving rise to this appeal are shortly as follows the u.p.
the petitioners companyld number claim exemption of their land from acquisition by numberda under the provisions of u.p.
pursuant to the above order the chairman and chief executive officer numberda by its letter dated 23.
a supplementary affidavit has also been filed in the writ petition.
on 3.7.1979 the high companyrt granted an interim order of stay of dispossession.
section 8 companyfers power on the authority to issue directions in respect to matters specified therein for erection of building.
dated 27.7.1967 imposes a ban on numberda to acquire the land of the company operative house building societies who satisfy the conditions mentioned in the g.o.
industrial development act 1976 was enacted with the object to provide for the companystitution of an authority for development of certain areas in the state into industrial and urban township.
the object of the act is to ensure planned development of the area for industrial and urban township.
raju for the petitioners.
1.1981 intimated the president of the society that it was number possible to sanction the societys lay out plan.
n. kacker raju ramachandran and mrs.
by order dated 23.8.1979 the companyrt directed that the said interim order would companytinue until further orders.
the appellants feeling aggrieved by this judgment and order preferred the instant application for special leave to appeal before this companyrt.
section 6 2 of the said act empowers numberda to acquire land in the industrial development area either by agreement or through proceedings under the land acquisition act 1894.
dated 9.4.1980 which was in companytinuation of the earlier g.o.
during the pendency of the writ petition the g.o.
shobha dikshit for the respondents.
sen s. markandeya and n.d.b.
this act came into operation from april 16.
the judgment of the companyrt was delivered by c. ray j. this civil appeal by special leave is directed against the judgment and order passed by high court allahabad dismissing the writ petition filed by the co operative housing society formed as kendriya karamchari sahkari grih nirman samiti limited and its president challenging the order of refusal of permission to the lay out plan submitted by them to the new okhla development authority to be hereinafter referred in brief as numberda and also refusing to exempt the lands belonging to the society falling within numberda area from acquisition.
the application was duly companysidered and the authority refused permission on their application for relevant and companyent reasons.
a numberification number 4157 hx xviii ii dated 17.4.1976 was published companystituting under section 3 of the said act the new okhla industrial development authority and declared the industrial development area companyprising of 37 villages mentioned in the schedule to be new okhla industrial development area.
