UTTAR PRADESH RESIDENTS EMPLOYEES CO OPERATIVE HOUSE BUILDING SOCIETY Vs. NEW OKHLA INDUSTRIAL DEVELOPMENT AUTHORITY

JUDGEMENT

(1.) Appellant No. 1 is a registered Housing Co-operative Society registered under the U. P. Co-operative Societies Act, bearing Registration No. 2130 dt. 27-3-1973, hereafter referred to as 'the Society', and appellants Nos. 2, 3 and 4 are respectively the President, Secretary and Treasurer of the Society. The object of the Society is to acquire lands for its members for constructing residential houses for them. 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 Sutnari were acquired by the Society between January, 1973 and September, 1975.

(2.) For development of certain areas in the State of U.P. into industrial and urban township and for matters connected therewith, the U. P. Industrial Area Development Act, 1976, hereafter referred to as 'the Act', was enacted and thereafter 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".

(3.) Soon after constituting this Authority a Notification under Ss. 4 and 17 (sub-sec. (1) of S. 4 and sub-sec. (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 Bangar was needed for the planned industrial development. The land of the appellant Society was included in the Notification. In continuation of Notification dated 30-4-1976, another Notification under S. 6 dt. 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.