YAMAHA VIHAR SAHKARI AVAS SAMITI LTD Vs. CHIEF EXECUTIVE OFFICER NEW OKHLA INDUSTRIAL DEVELOPMENT AUTHORITY ADMINISTRATIVE BHAVAN NOIDA

JUDGEMENT

(1.) Heard Sri Pradeep Kumar, learned Counsel for the petitioner. Shri Ramendra Pratap Singh appears for New Okhla Industrial Development Authority. The petitioner is a cooperative housing society, registered with Housing Commissioner, U.P. Awas Evam Vikas Parishad, Lucknow with registration No. 1786 dated 1.9.1992. It is stated that the society has 250 members joined together for providing residential houses to them. The society has allotted the land to provide housing facilities to its 200 members working in the Yamaha Motor Company Ltd. situate in Surajpur Tehsil Dadri, Distt. Gautam Budh Nagar. The land was purchased by initially entering into an agreement of sale dated 31.7.1992 with Bhim Singh, Dharmvir Singh and Dharmpal Singh, sons of Bhura Singh and Badlu, son of Thana Singh of Village Barola, Pargana and Tehsil Dadri, Distt. Ghaziabad, Gautam Budh Nagar for sale of their 1/2 share in Khasra Nos. 1142 to 1154 measuring 3 bigha 10 biswa and 6 biswansis for a sum of Rs. 26,90,250/-. Similar agreement was also entered into with one Rishal, son of Hari Ram for 3 bigha 6 biswa pakka in Khasra Nos. 1114, 1115, 1116 and 1117 in Village Barola, Tehsil Dadri, Distt. Gautam Budh Nagar adjacent to plot Nos. 1142 to 1154 for Rs. 2,40,975/-. The entire sale consideration was paid and the land owners executed sale-deeds in the year 1995-96 on which the petitioner-society became owner and got its name entered into revenue records. The land is recorded as residential in revenue records with some existing old constructions.

(2.) The petitioner-society had earlier filed writ petition No. 37058 of 1992 for a direction to the Noida not to interfere in its rights to develop the land. The writ petition was disposed of with following directions:--

(3.) The Officer on Special Duty Noida informed the petitioner in response to their application dated 28.10.1992 under Chapter II, Regulation 5 of Noida Building Regulations that the petitioner's application has been rejected on the ground that the plots in dispute have also been acquired by Noida, and that the land is in the possession of the authority and Noida authority had paid total compensation to the District Magistrate/Administration, Ghaziabad.