N P SINGH Vs. STATE OF U P

JUDGEMENT

(1.) Rule. By consent heard forthwith, as the pleadings are complete. The petitioner, a practicing Advocate, resident of N.O.I.D.A., has approached this Court by way of this petition and prayed that the petition may be treated as a public interest litigation.

(2.) It is the petitioner's case that the action of respondent No. 2 in allowing the private builders/individuals/corporates/private companies/limited companies or their consortium to seek allotment of Group Housing Plots to raise construction thereon and to sell to the general public at higher price for their commercial gain, is contrary to the Scheme of the Act. The Authority under the Act was constituted not to benefit the private builders to multiply their income but to help the citizens to have their houses or flats at affordable rates. The Authority was created under the provisions of the U.P. Industrial Development Authority Act, 1976 (hereinafter referred to as the "Act"), which provides for constitution of an Authority for development of certain areas in the State into industrial and urban township and for matters connected therewith. The respondent No. 1 enjoys eminent domain over the land falling in the notified area of N.O.I.D.A. and acquired the same for public purpose by following the procedure laid down under the Land Acquisition Act, 1894. According to the petitioner, the respondents, in active connivance with private builders, have allowed them to exploit the real estate market in N.O.I.D.A. by permitting the private builders to seek allotment of Group Housing Plots for their commercial gain. The respondents, in order to help private builders, are compromising/relaxing the building norms and development norms as envisaged in the Master Plan of N.O.I.D.A. - 2021 without any authority and in contravention of Master Plan-2021.

(3.) By the present petition, the petitioner is challenging the Scheme known as "Scheme for Allotment of Group Housing Plots, Scheme Code GH-2009 (II)', whereby the private builders have been permitted to bid for large Group Housing Plots in Sectors 45, 121 and 137 by excluding others from participating in the bid.