The Judgment of the Court was delivered by CHINNAPPA REDDY, J. The Uttar Pradesh Legislature enact ed the Uttar Pradesh Industrial Area Development Act, 1976 for the companystitution of an authority for the development of certain areas in the State into industrial and urban town ships and for matters companynected therewith.
The New Okhla Development Area Authority NOIDA was companystituted under the provisions of this Act.
NOIDA acquired vast extends of land in the autskirts of Delhi for the purpose of developing an industrial and urban township.
NOIDA announced two schemes called LIG EWS and MIG Schemes and invited applications for allotment of houses companystructed and proposed to be company structed by them.
Several thousand applications were re ceived and NOIDA announced closure of the schemes on Decem ber 11, 1980.
Though in the original advertisement relating to the LIG EWS scheme, there was numberreservation of allotment in favour of any class of persons, it appears that later on NOIDA decided to reserve a certain percentage of houses for some categories of persons in the following manner Persons whose land has been acquired by NOIDA for the development of NOlDA 2 Enterpreneurs of NOIDA, and their employees 17 Employees of NOIDA, UP State Government under taking, UP State Development Authorities and UP Government 15 Employees of Central Government, Government of India, Public Undertakings, International Organisations 5 Political Sufferers 5 Nominees of HUDCO 20 So far as the MIG houses are companycerned, the reservation was mentioned even in the original advertisement inviting appli cations for allotment of houses.
Forty disappointed applicants for allotment of LIG EWS houses filed writ petition No.
220 of 1981 primarily ques tioning the reservation in favour of enterpreneurs and seeking a direction that the claims of the petitioners for allotment should be companysidered in any future scheme.
A Rule Nisi was issued by the companyrt on April 4, 1981 and on May 8, 1981, an interim order was also made restraining NOIDA from making any fresh allotment of houses without obtaining the previous order of the companyrt.
Another group of six persons who had applied for allotment of MIG houses filed Writ Petition Nos.
2292 97 of 1982 and a similar interim order was made in these petitions also on March 1982.
220 of 1981 came up before another bench and an order was made therein permitting NOIDA to assign numbers to houses which had already been allotted but directing NOIDA to reserve 40 houses, so that the peti tioners companyld be accommodated if they succeeded in the writ petition.
On the same day, that is, March 12, 1982 the application for interim directions in Writ Petition No.
Thereafter there appear to have been several hundred petitions of each category.
This question was companysidered on March 25, 1985 and an order was made directing the release of five MIG houses to I.L. Dhin gra, H.K. Bhatia.
On April 30, 1984 all the petitions were heard together and an order was made by this companyrt companysisting of D.A. Desai and R.B. Misra, JJ.
What is important to be numbered here is that by March 1982, only 40 persons had approached this companyrt in the matter of allotment of houses under the LIG EWS Scheme and six persons in the matter of allotment of houses under the MIG Scheme.
in the following terms Mr. A.M. Srivastava, the Court Master is appointed as Court officer to do the following things By our order dated March 12, 1982 this companyrt directed that respondents will number allot 40 houses till the disposal of the writ petition.
2293 97 of 1982 .
C.S. Tomar, Jagan Nath and Gian Chand petitioners in Writ Petition Nos.
The stay granted by the companyrt earlier which prevented delivery of the possession of houses to persons to whom houses were originally allotted was vacated.
2293 97 of 1982 were accommodated in the two schemes and all those who took advantage of the order of the companyrt dated April 30, 1984 were also accommodated.
228 of 1981 and five petitioners in Writ Petition Nos.
H. Parekh, K.K. Gupta and Amlan Ghosh for the Interveners.
Under Article 32 of the Constitution of India.
Markandeya, A.V. Rangam, G. Goswami, K.B. Rohtagi, Tara Chand Sharma.
ORIGINAL JURISDICTION Writ Petition Nos.
2293 97 of 1982 etc.
Mrs. Chitra Markandeya, S. Mitter, Ms. Abha Jain, N.S. Das Bahl, A. Subba Rao, M. Qurnaruddin, P.N. Ramalingam, D.K. Garg, A.K. Goel, H.K. Puri, R. Venkatarama ni, A.S. Pundir, Mukul Mudgal, R.N.Keswani, Mrs. Rani Chha bra, S.K. Gupta, H.S. Parihar, S.K. Bisaria, K.C. Dua, N.N. Sharma, Prem Malhotra, Dalveer Bhandari, B.R. Aggarwal, S.C. Pate, S.K. Verma, Mrs. M. Karanjawala, K.B. Rohtagi, R.P. Singh, A.N. Bardiyar, V.K. Verma, R.P. Gupta, Shakeel Ahmed, and Mrs. Urmila Sirur for the Petitioners.
Anil Dev Singh, Ashok Grover, Ms. A. Subhashini, Mrs. Shobha Dikshit, Raju Ramachandran, P.K. Ghosh, K.L. Goyal, S. Parihar and P.P. Singh for the Respondent.
