B.SUDERSHAN REDDY, R.V.RAVEENDRAN
ITC Ltd. – Appellant
Versus
State of Uttar Pradesh – Respondent
JUDGMENT
R.V. Raveendran, J.
1. The Appellants in these appeals are the lessees of plots allotted by the New Okhla Industrial Development Authority (for short 'the Authority' or 'NOIDA') for construction of 5 star, 4 star and 3 star hotels in Noida, District Gautam Budh Nagar, Uttar Pradesh. The said Authority was constituted under the provisions of the U.P. Industrial Area Development Act, 1976 ('Act' for short) for development of an Industrial and Urban Township of Noida in Uttar Pradesh, neighbouring Delhi.
2. Tourism was granted the status of an "industry" by the state government during 1997-98, by extending certain concessions and facilities available to industries. However as tourism, in particular hotel industry, had not received the required encouragement, the state government with the intention of attracting capital investment in tourism industry came up with a policy, as per its communication dated 22.5.2006 addressed to the Director General of Tourism, Uttar Pradesh. Relevant portions of the said policy are extracted below:
(1) Land should be earmarked for hotels by the concerned Development Authorities while preparing the Master Plan with the cooperation of the Tourism Depa
Sachidanand Pandey v. State of West Bengal 1987 (2) SCC 295
M.P. Oil Extraction v. State of M.P.: 1997 (7) SCC 592
Home Secretary v. Darshjit Singh Grewal 1993 (4) SCC 25
Syed Abdul Qadir v. State of Bihar 2009 (3) SCC 475
State of Haryana v. State of Punjab 2002 (2) SCC 507
State of Karnataka v. All India Manufacturers Organisation 2006 (4) SCC 683
Brij Bhusan v. State of Jammu and Kashmir 1986 (2) SCC 354
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