Noida Entrepreneurs Association vs Noida

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2001 Supreme(SC) 121

SUPREME COURT OF INDIA
G.B.Pattanaik : S.P.Bharucha : S.S.M.Quadri
Noida Entrepreneurs Association
Versus
Noida
Case No. : 150 of 1997, 529 of 1998
Date of Decision : 1/19/01
Advocates Appeared: Agarwal Ajay K. : Agrawal Alka : Agrawala S.C. : Agrawalalal Alka : Ahmad Altaf : Dhavan Rajeev : Dwivedi Rakesh : Gupta Manjula : Jain R.K. : Krishnan Dayan : Kumar Sangeeta : Maqbool Ejaz : Mishra B.K. : Nayar Nikhil : Rao A.D.N. : Rao P.P. : Sagar E.C.Vidya : Sangal Bharat : Satheye Gopal Balwant

S.P.BHARUCHA, J.

(1) I.A. No. 9/2000 in W.P. (C) No. 150/97 is dismissed.

(2) WE have heard the learned Amicus Curiae and learned counsel.

(3) MR. Altaf Ahmed, learned Additional Solicitor General appearing for the C.B.I., states that the C.B.I. report, on completion of investigations, shall be filed within twelve weeks from today.

(4) IN regard to the action taken by the State of U.P. on the various reports that we shall mention, learned counsel appearing for the State of U.P. states that he has no instructions. We find it strange, having regard to the on-going proceedings, that he should not have been given instructions and that he did not seek them. We direct the State of U.P. to state, on affidavit, the present position in respect of:

(1) the departmental enquiry against the 7th respondent,

(2) the action taken or proposed to be taken on the reports of the Chairman of the Board of Revenue,

(3) its stand on the report of the Lok Ayukta and the action, if any, taken pursuant thereto.

(4) the action taken on the report of Justice Murtaza Hussain.

The affidavit shall be filed by the Secretary of the relevant department of the State within eight weeks from today.

(5) NOIDA is directed to explain, on affidavit, the procedure it has followed in respect of the cancellation of allotments and why it appears to have followed a different procedure in respect of some allottees. This affidavit shall be filed within eight weeks.

(6) THE office report dated 16/1/2001 states that the letter of the Registry of this Court dated 12/5/2000 addressed to the Chief Secretary of the State of U.P. was returned with the postal remark "refused to take the envelope, hence returned." In the affidavit which we have directed the concerned Secretary of the State of U.P. to make, an explanation in this behalf shall be furnished. Hereafter all service in these proceedings upon the State of U.P. shall be made upon the standing counsel of the State of U.P. in this Court.

(7) LIST the matter on 4th May, 2001 for directions. Order accordingly.

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