SUPREME COURT OF INDIA
G.B.Pattanaik : R.P.Sethi : S.S.M.Quadri
Noida Entrepreneurs Association
Versus
Noida
Case No. : 150 of 1997
Date of Decision : 1/21/02
Advocates Appeared: Agarwal A.K. : Agrawal Ajay K. : Agrawal Alka : Agrawal S.C. : Ahmed Aslam : Chawla Naveen : Dhawan Rajeev : Farooque Ajmal : Gupta Manjula : Gupta Vijay : Jain R.K. : Jaising Indira : Jha Ranjan Kumar : Jha Ujjwal Kumar : Krishnan Dayan : Kumar Sangeeta : Maqbool Ejaz : Nayyar Nikhil : Parameswaran P. : Parmeshwaran P. : Prakash Navin : Rao Adn : Sagar E.C.Vidya : Sangal Bharat : Siddharth C.
Constitution of India, Article 136- Irregularities in allotment - Since more than two years the CBI failed to submit its report to the Supreme Court, eroding faith of citizens in CBI- CBI, however, undertook to file report in question within four weeks -The State of U.P. directed to file an affidavit indicating final action, if any, taken on the alleged irregularities in the matter of allotment of land in NOIDA- NOIDA Authorities directed to indicate why there has been discrimination and as to whether the procedure required to be followed for cancellation was duly followed in all cases or not. [Paras 3 to 7]
(1) HAVING heard Amicus and learned counsel for the parties for about half an hour the Court passed the following order :
(2) MR. Naveen Prakash appearing for the NOIDA Authority seeks permission to withdraw his vakalat. He is permitted to be withdrawn. Mr. Ajay K. Agrawal now enters appearance for the NOIDA.
(3) IT is really surprising that though more than two years have elapsed In the meantime, the Central Bureau of Investigation (CBI) has failed to I submit Its report to this Court. The faith of citizens on the CBI will stand eroded If this sort of callous attitude is shown by the CBI concerning a matter where the Apex Court of the country Is In sessin of the matter and has been extending time for the CBI to file Its report aso that appropriate action/direction could be given. The learned counsel appearing of the CBI, however, undertakes that the report in question will be filed "within four weeks from today.
(4) THE State of U.P. is directed to file an affidavit indicating what final action, if any, has been taken on the basis of three reports which have gone into the alleged irregularities in the matter of allotment of land in NOIDA.
(5) IN view of the grievances of several allottees whose land had already been cancelled without giving them a hearing while others were given a hearing before cancellation, it would be appropriate to call upon the NOIDA Authorities to Indicate why there has been discrimination and as to whether the procedure required to be followed for cancellation has been duly followed in all cases or not. The affidavit in question may be filed within four weeks from today.
(6) COPY of Affidavits be served on all the repondents.
(7) THE learned counsel assisting the learned Amicus Curiae is permitted to sit jointly with the counsel appearing for NOIDA Authority and, on examining the necessary papers, will Inform the Amicus Curiae as to what are the details of the two lists already submitted and any action has been taken or any further action is required to be taken in that respect. The learned Amicus will file a status report. Put up this matter after two months for a direction as to the date of hearing of the matter. Order accordingly.
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