Judgment

K. N. SAIKIA, J.:- Appellant No. 1 is a registered Housing Co-operative Society registered under the U. P. Co-operative Societies Act, bearing Registration No. 2130 dt. 27-3-1973, hereafter referred to as the Society, and appellants Nos. 2, 3 and 4 are respectively the President, Secretary and Treasurer of the Society. The object of the Society is to acquire lands for its members for constructing residential houses for them. The members are Central and State Government employees and public sector employees; and more than 70 acres of land situated in villages Chhalera Bangar and Sutnari were acquired by the Society between January, 1973 and September, 1975.

2. For development of certain areas in the State of U.P. into industrial and urban township and for matters connected therewith, the U. P. Industrial Area Development Act, 1976, hereafter referred to as the Act, was enacted and thereafter the U. P. Government by a Notification dated 17-4-1976 declared the villages named in the schedule annexed to the Notification to be an Industrial Development Area within the meaning of the Act, to be called "NOIDA".

3. Soon after constituting this Authority a Notification under Ss. 4 and 17 (sub-sec. (1) of S. 4 and sub-sec. (4) of S. 17) of the Land Acquisition Act was published in the U. P. Extra Ordinary Gazette dated 30-4-1976 stating that the land in village Chhalera Bangar was needed for the planned industrial development. The land of the appellant Society was included in the Notification. In continuation of Notification dated 30-4-1976, another Notification under S. 6 dt. 1-5-1976 was issued stating that the land mentioned in the. schedule (i.e. village Chhalera Bangar) was needed for a public purpose and under S. 7 of that Act to direct the Collector of Bulandshahar to take order for the acquisition of the said land.

4. A Notification under sub-sec. (1) of S. 4 of the Land Acquisition Act was issued on 1-6-1976 notifying that the land mentioned in the schedule (i.e. land in Suthari village etc.) was needed for a public purpose and that the case was of urgency and as such the provisions of sub-section (1) of S. 17 of the said Act were applicable to the land. Notification under S. 6 of that Act was issued on 16-9-1976 notifying that the land mentioned in the schedule (i.e. Suthari village etc.) was needed for public purpose and under S. 7 of that Act it directed the Collector to take order for acquisition of the said land.

5. The appellant-Society and the other registered co-operative societies demanded land in lieu of. the land acquired in the NOIDA complex and after several representations and correspondence a sub-committee was constituted under the chairmanship of Sri B. J. Khadaiji, Commissioner and Secretary, Housing and Urban Development, Government of Uttar Pradesh to look into the matter. In a meeting held on 19-10-1979 it was decided that sites would be given to various co-operative societies nearest to Delhi on the basis of the NOIDA Master Plan which was under consideration. It was also clarified in that meeting that 35 per cent of the area offered to the members of the Society will be plotted area out of the total acquired area of the Society. The Executive Officer, NOIDA vide his letter dated 21-4-1980 informed that it was proposed to offer developed plots to the bona fide members of the co-operative societies whose lands were acquired. An approximate rate was offered at Rs. 10/- per square metre in sectors 30, 31, 34, 39 and 40. certain conditions were also laid down in that letter and one of the conditions was that amount equal to 30 per cent of the price of the area of developed plots computed at Rupees 130/ - per square metre should be sent in favour of NOIDA and thereafter tripartite agreement shall have to be made between NOIDA, Co-operative Societies and individual members after finalisation of lay out plan.

6. Alleging that arbitrary action taken by the NOIDA that far was not acceptable to the appellant-Soci