KENDRIYA KARAMCHARI SAHKARI GRIH NIRMAN SAMITI LIMITED KENDRIYA KARAMCHARI SAHKARI GRTH NIRMAN SAMTTI LIMITED Vs. NEW OKHLA INDUSTRIAL DEVELOPMENT AUTHORITY:NEW OKHLA INDUSTRIAL DEVELOPMENT AUTHORITY

JUDGEMENT

(1.) 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 Ltd. and its President challenging the order of refusal of permission to the lay out plan submitted by them to the New Okhla Industrial Development Authority to be hereinafter referred in brief as NOIDA and also refusing to exempt the lands belonging to the Society falling within NOIDA Area from acquisition. The facts giving rise to this appeal are shortly as follows :-

(2.) On 22-11-1978 NOIDA replied to the letter of the appellants dated 19-11-1978 stating that the entire land of the Society has not been acquired. 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. For these reasons, it is not possible to approve the lay out plan submitted by the appellant-society.

(3.) The appellants on April 28, 1979 filed a writ petition before the High Court, Allahabad assailing the refusal of permission as contained 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 suit-able writ or order or direction commanding the respondents not to acquire the lands belonging to the Society. The petitioners further prayed for issue of a writ or order or direction directing the respondent No. 1, NOIDA to permit the Society to develop its land according to lay out plan submitted by it.