JUDGMENT

Arijit Pasayat, J.—Challenge in this appeal is to the legality of judgment rendered by a Division Bench of the Allahabad High Court allowing the writ petition filed by the respondent.

2. Background facts in a nutshell are as follows:

Appellant- New Okhla Industrial Development Authority (in short the ‘NOIDA’) was constituted under the provisions of Section 3 of the Uttar Pradesh Industrial Area Development Act, 1976 (in short the ‘Act’). The main object of the Act was planned development of an industrial development area. For the said purpose State of Uttar Pradesh acquired lands falling in various villages by invoking the provisions of the Land Acquisition Act, 1894 (in short the ‘LA Act’) by issuing various notifications. This Court in Kendriya Karamchari Sahkari Nirman Samiti Ltd. & Anr. v. The New Okhla Industrial Development Authority & Ors. (AIR 1988 SC 1) held that lands belonging to cooperative societies are not exempt from acquisition by the State for the purpose of planned development of Noida area. Since the land of a number of Co-operative Societies were compulsorily acquired, a decision was taken by the NOIDA that land equivalent to 40% of the land holding of suc