ANIL KUAMR SRIVASTAVA Vs. STATE OF U P

JUDGEMENT

(1.) Leave granted in SLP.

(2.) Anil Kumar Srivastava claiming to be a public spirited citizen residing in Sector 14, Noida, U.P. moved Allahabad High Court in Civil Misc. Writ Petition No. 10137 of 2004 (Transferred Case No. 54 of 2004 herein) challenging the Scheme bearing No. 2003-2004 (Commercial Hub) - Sector 18 floated by New Okhla Industrial Development Authority (NOIDA) for construction of a commercial hub on a plot bearing No. M-3 in Sector 18, Noida as arbitrary and violative of norms contained in the Board Resolution dated 10-7-2003 and the precedents with regard to seize and reserve price, resulting in the loss to the State exchequer of Rs. 340 crores. In the writ petition, it is alleged that the impugned Scheme awards 54,320.18 sq. mtrs. of prime commercial land, without precedent, at 1/4th of the prevailing market price and by fixing the reserve price at abysmally low, throw away, price; that the said Scheme is, therefore, arbitrary and violative of Article 14 of the Constitution. In the writ petition, the petitioner prayed for setting aside the Scheme. Pending hearing and final disposal, the petitioner sought interim reliefs restraining NOIDA, respondent No.2 herein, from giving effect to the said Scheme. By impugned order dated 12-3-2004, the High Court refused the interim relief as prayed for. Aggrieved, the original petitioner came to this Court by special leave. Vide order dated 28-4-2004, this Court stayed the operation of the impugned Scheme. By order dated 9-7-2004, the Court presided by Honble the Chief Justice, at the request of respondent Nos. 2 and 3 herein, directed Writ Petition No. 10137 of 2004 pending in the Allahabad High Court to be transferred to this Court under Article 139-A of the Constitution.

(3.) By order dated 23-7-2004, the Court presided by Honble the Chief Justice, on the joint prayer made by all the counsel, directed the matter to be listed for final hearing and accordingly this matter has come for hearing.