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HC order regarding sector 137, 45, 121,


HC order regarding sector 137, 45, 121,

Last updated: June 23 2011
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  • HC order regarding sector 137, 45, 121,

    Shri N.P. Singh Vs. State Of U.P. And Others on 29 July, 2010

    hri N.P. Singh


    State of U.P. & Anr.

    Appearance :

    For the Petitioner : Shri N.P. Singh, in person For the Respondents : Shri Ravindra Kumar, Adv.

    Shri Ramendra Pratap Singh, Adv.

    Hon’ble Ferdino I. Rebello, C.J.

    Hon’ble A.P. Sahi, J.

    (Delivered by : Justice Ferdino I. Rebello, C.J.) Rule. By consent heard forthwith, as the pleadings are complete.

    2. The petitioner, a practicing Advocate, resident of Noida, has approached this Court by way of this petition and prayed that the petition may be treated as a public interest litigation.

    3. 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 2

    ‘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 Noida 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 Noida 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 Noida – 2021 without any authority and in contravention of Master Plan - 2021.

    4. 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.

    5. The Authority, in exercise of powers conferred by the Act, has made Regulations for the purposes of proper planning and development of Noida, known as the ‘New Okhla Industrial Development Area (Preparation and Finalization of the Plan) Regulations, 1991 (hereinafter referred to as the ‘Regulations 1991’), which was notified in the Gazette of U.P. on 08.06.1991. Consequent to promulgation of Regulations 1991, the Authority was entrusted with the duty to prepare a plan and for that, the Authority employed a Committee of the School of Planning and Architecture, New 3

    Delhi to prepare the Master Plan of Noida – 2021, which has been prepared. As per the development plan, according to the petitioner, the residential sectors are to be developed in varying densities. There are various use zones classified in seven categories, of which one is residential. The residential zone has been classified into 4 use zones, which are:-

    1. R1 – Low Density Residential upto 200 ppha.

    2. R2 – Medium Density Residential above 200 upto 400 ppha.

    3. R3 – High Density Residential above 400 ppha upto 600 ppha.

    4. R4 – Special Development Area (SDA).

    6. The petitioner has relied upon the report submitted by the Committee of the School of Planning and Architecture, New Delhi. The Authority prepared the Master Plan – 2021 for Noida, which was approved by the Board in its meeting held on 18.02.2006. On promulgation of the Master Plan - 2021, the development has to be in accordance with the approved plan.

    According to the petitioner, he does not have the details by which the private builders have been made eligible to seek allotment of Group Housing Plots in Noida, but if such a decision is taken, the same is illegal, unfair, a misuse and abuse of the powers of the respondents and the public office. It is a colourable exercise and fraud upon the public whose lands were acquired in the guise of the public purpose but allotted to the private builders for commercial gain at the cost of general public who are waiting to have their houses or flats in Noida. The Authority or the State Government, it is 4

    averred, have no power to transfer the land acquired for public purpose to the private builders to allow them to earn from the public fund. The respondents with mala fide intention have misused their office and position to allow the private builders to flourish at the cost of the public fund. The report of the Authority at Agenda No.3 in one of its meeting, shows that there are 17 Group Housing Plots for allotment in the development area. Out of 17 plots, 8 were reserved for builders, 3 for societies, 2 for U.P. Government officers Societies, 2 for industrial units/institutions and 2 for senior citizens societies. The said report was presented before the Board for approval and finalization of the policy of allotment, which was approved by the Board in its 125th meeting held on 15.04.2005. As per Master Plan – 2021, the land use is residential, medium and high density. Apart from that, it is averred that the Authority opened a scheme on 18.05.2006 for 13 Group Housing Plots in Noida and invited tenders for allotment of plots in Sectors 93B, 110, 119, 121 and 134 to any firm, either proprietor or partnership, company, either private or public limited/consortium of various categories. As per Master Plan – 2021, in Sectors 93B and 121, the residential use zone is high density and rest other sectors are medium density. The Authority, in order to execute the development of the development area, has to function as per the norms laid down in Master Plant 2021 and no power has been conferred upon it to permit any violation of the same. The Authority has allowed development contrary to the Master Plan 2021 and has compromised with respect to land use or density to benefit the private builders to earn maximum profit from the location as well as by allowing excess F.A.R. The petitioner has, therefore, prayed for quashing the Scheme 5

    for private builders being ‘Scheme for Allotment of Group Housing Plots, Scheme Code GH – 2009 (II)’ and for a writ, order or direction in the nature of prohibition to prohibit the Authority from allotment of Group Housing Plots to private builders/individuals/corporate/private companies/limited companies or their consortium for development and sale in the development area.

    20. In the light of the above, we find no merit in this petition. Consequently, rule discharged. There shall be no order as to costs. Date : July 29, 2010


    (A.P. Sahi, J.) (Ferdino I. Rebello, C.J.)


    Hon'ble F.I. Rebello, C.J.

    Hon'ble A.P. Sahi, J.

    Rule discharged.

    For orders, see order of date passed on separate sheets.

    Date : July 29, 2010


    (F.I. Rebello, C.J.)

    (A.P. Sahi, J.)
  • #2


    Re : HC order regarding sector 137, 45, 121,

    Please explain in a short summary. what is the situation?


    • #3


      Re : HC order regarding sector 137, 45, 121,

      Could you please explain this, i am unable to understand...thanks


      • #4


        Re : HC order regarding sector 137, 45, 121,

        Looks like victory for the Govt. and the authority. The Petition has no merit is what the last sentence says.


        • #5


          Re : HC order regarding sector 137, 45, 121,

          From what I could gather out of it, some case was filed on NA contesting the change in land use of these sectors and for other issues related to unfair allotment of plots to pvt builders + increase in density, etc etc. But finally the Court has over-ruled the petition based on certain facts .. eg:- Increase in density was reasoned out to be due to increase in FAR and this was needed since Noida city itself will not grow but housing demand in Noida will grow... so the requirement of high-rise buildings and hence increase in density from what had initially been projected in 2006.

          Aal iz well - I inferred this from the article.

          Other comments pls ?


          Have any questions or thoughts about this?