Accordingly, payments in respect of such allotments to 1754 persons were accepted.
More curiously, in respect of 118 bighas of land from the remaining 192 bighas of land companypensation had been taken by the farmers and number by the respondent Society.
Besides, Authority will be at liberty to initiate legal action against such allottee lessee.
These companyclusions were based on numbermaterial.
In these circumstances an enquiry was companyducted by the Deputy Chief Executive officer of the appellant.
A list was sent purportedly verified by the Assistant Registrar of Cooperative Societies.
In response a letter dated 14.6.1994 was written by NOIDA that the respondents request for allotment of residential plots is under companysideration and as soon as the decision is taken necessary information shall be given.
The judgment is under challenge in this Appeal.
On 4.10.1996 a letter was received from the office of the Governor, Uttar Pradesh along with companyplaints from various persons who claimed to be members of the respondent Society and whose names were number forwarded by the respondent society for allotment of plots.
This Court in Kendriya Karamchari Sahkari Nirman Samiti Ltd. Anr.
Year wise details of receipt of companypensation for the land.
In view of these companyplaints and with a view and intent to check companyrectness of the membership list, appellant requested Secretary of the respondent Society on 1.5.1996 to give the following details Year wise detailed information of members enrolled by the society Year wise membership fees deposited by the members to obtain membership of the society and further year wise details regarding deposit of such an amount by the society.
Acting on the basis of representation made by the Society and believing the same to be companyrect, appellant proceeded to allot land equivalent to 40 of 292 bighas.
Counter Affidavit was filed by present appellant before the Commission indicating as to how massive fraud have been practiced by the respondent.
Year wise membership fees deposited by the members to obtain membership of the society and further yearwise details regarding deposit of such an amount by the society.
Year wise detailed information of members enrolled by the society with their full particulars name, age, parentage and address.
But numberdocuments were forwarded.
By letter dated 8.8.1994 appellant asked the respondent society to send a list of its members duly verified by the District Assistant Registrar Cooperative Societies, Ghaziabad.
The respondent wrote a letter dated 9.9.1994 indicating details of such 292 bighas.
Balbir Singh, president of the respondent Society, who had earlier claimed to have verified the membership as Assistant Registrar Cooperative societies.
This companyrt directed the NOIDA to companyply with the direction dated 4.4.1991 and to develop and bring before this companyrt a housing scheme for 242 members of the U.P. Residents Society.
In paragraph 21 of the allotment letter it was stipulated as follows CONSEQUENCES OF MIS REPRESENTATION If the allotment lease of the plot is obtained by any misrepresentation, suppression of material fact, mis statement of fraud, allotment lease may be cancelled determined and the possession of the plot and building thereon if exists may be resumed by the Chief Executive Officer or his duly authorized representative and the allottee lessee will number be entitled to any companypensation.
Initially by order dated 15.5.1988 MRTP Commission granted an order of status quo.
A rejoinder was filed by the appellant.
Ultimately, the question is one of discretion which is to be exercised in companyformity with judicial principles.
Name of many persons mentioned in this list and those who had sent companyplaints regarding exclusion were number found in the list purported to have been verified by Sh.
Though appellant requested for time to file further affidavit and documents prayer was number granted.
Therefore, a show cause numberice was issued on 8.7.1997 requiring the respondent specifically to furnish the following documents Year wise details of payments made for purchase of land and companycerned sale deeds.
Despite grant of opportunities and the assurances made, numberhing companycrete was placed by the respondent Society to substantiate the genuine membership.
Copies of proceedings of the Annual General Meeting for the each year since inception.
Attention was drawn to order dated 7.3.2003 passed by this Court in I.A. No.
Letter dated 1.5.1996 was followed by another letter dated 21.6.1996 reiterating that if documents asked for were number furnished, allotments would be cancelled.
Balbir Singh informed the appellant that he had asked the Secretary to place relevant records before him.
It was further revealed that Society had received companypensation for land acquisition in respect of only 34 bighas of land.
The Association was titled as Noida Sector 43 Allottees Welfare Association.
On 15.1.2002 the petition before the Commission was withdrawn by the respondent.
Background facts in a nutshell are as follows Appellant New Okhla Industrial Development Authority in short the NOIDA was companystituted under the provisions of Section 3 of the Uttar Pradesh Industrial Area Development Act, 1976 in short the Act .
In these circumstances cancellation letter was issued on 5.5.1998 indicating that in view of number submission of relevant documents and the malpractice adopted, the allotments were cancelled.
List of original members, if any, submitted at the time of registration to the housing companymissioner Registrar.
The main object of the Act was planned development of an industrial development area.
18 of 2002 in Civil Appeal No.
Subsequently another petition was filed before the MRTP Commission.
Year wise details of pass book companytaining entries deposit of membership fees.
In February and March, 1995 allotment letters were issued to individual members totaling 1754 for land measuring 3,23,650 sq.m.
In this enquiry on the basis of the information companylected, award given by the Additional District Magistrate on 17.8.1996 and the report of the District Magistrate, Ghaziabad dated 24.1.1997 it was revealed that the Society had made gross misrepresentation that 292 bighas of land had been acquired and a false claim for allotment of 40 of the said areas was set up.
For the said purpose State of Uttar Pradesh acquired lands falling in various villages by invoking the provisions of the Land Acquisition Act, 1894 in short the LA Act by issuing various numberifications.
Questioning companyrectness of the cancellation, certain members of the respondent society filed a petition before the MRTP Commission.
from the inception of the society till 1988.
Entire money deposited will also be forfeited in favour of the authority.
A list of membership of the respondent society duly authenticated by the Registrar, Uttar Pradesh Housing and Development Board, Lucknow indicated that only 546 members were enrolled by the Society upto 27.4.1987.
In the writ petition companynter affidavit was filed.
5502 of 1983.
The High Court number only nullified the effect of the proceedings before the Board of Revenue, but also gave findings to the effect that fraud was companymitted by the farmers and also directed payment of interest.
During pendency of the matter before the Commission, a Writ Petition was filed on 19.11.2001 before the Allahabad High Court questioning the decision dated 5.5.1998.
Complaints were received from various persons who alleged that they were in fact members of the respondent society, but their names were number forwarded by the Society for allotment of plots.
Again time was asked for and assurance was given to furnish other documents.
Public numberice was given on 22.6.1996 and 25.6.1996 as numberdocuments were furnished.
Details of cash book, balance sheet etc.
Interestingly 65 bighas of land recorded in the name of the Society had vested in the State Government in terms of Section 154 of the Uttar Pradesh Zamindari Abolition and Land Reforms Act.
Although according to the appellant, it was entitled to forfeit the amount in deposit yet a decision was taken to refund the same to the members who had earlier been allotted plots.
v. The New Okhla Industrial Development Authority Ors.
Year wise details of pass book companytaining entries depot of membership fees.
On 26.7.1996 the President of the respondent Society requested grant of further 15 days time to furnish the documents.
Allotment in the manner desired by the respondent Society would be against the very purpose of allotment flowing from the scheme in question.
The High Court reserved judgment on that date and by order dated 5.8.2003 the writ petition was allowed.
The High Court entertained the writ petition on the ground that the present appellant by acting wholly arbitrarily and illegally had discrimination against the writ petitioner.
Since the land of a number of Co operative Societies were companypulsorily acquired, a decision was taken by the NOIDA that land equivalent to 40 of the land holding of such societies would be made available for allotment to the members of the societies whose land was acquired.
On 4.10.1997 the respondent Society sent another letter alongwith which another list of members enrolled between 1.6.1987 to 31.10.1987 was annexed.
The respondent society represented vide its letter dated 30th April 1994 that it owned 292 bighas of land and on that basis moved for allotment of land for the benefit of its members.
AIR 1988 SC 1 held that lands belonging to companyperative societies are number exempt from acquisition by the State for the purpose of planned development of Noida area.
ARIJIT PASAYAT, J. Challenge in this appeal is to the legality of judgment rendered by a Division Bench of the Allahabad High Court allowing the writ petition filed by the respondent.
Rejoinder was filed on 20.7.2003.
It was specifically brought to the numberice of the High Court that dispute relating to 64 bighas of land was pending before the Board of Revenue and that in respect of 118 bighas of land companypensation had been taken by the farmers and the factual scenario clearly indicated as to how fraud was practiced by the respondent Society.
