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2011 Supreme(SC) 608

B.SUDERSHAN REDDY, R.V.RAVEENDRAN
ITC Ltd. – Appellant
Versus
State of Uttar Pradesh – Respondent


Advocates Appeared:
For Appearing Parties: Gopal Subramanium, SG, T.R. Andhyarujina, Harish N. Salve, Ranjit Kumar, Maninder Singh, P.P. Rao, S.K. Agarwal, K.K. Venugopal, Satish Chandra Mishra, Ratnakar Dash, Ravinder Srivastava, Fakhruddin, Harish Malhotra, Sr. Advs., Shail Kumar Dwivedi, AAG, L.K. Bhushan, Swaty Malik, Advs., for Dua Associates, Ruby Singh Ahuja, Meenakshi Grover, Manu Aggarwal, Abeer Kumar, R.N. Karanjawala, Manik Karanjawala, Simran Brar, Vedanta Verma, Advs. for Karanjawala and Co., Abhinav Mukerji, Gaurav Sharma, Surbhi Mehta, Bindu Saxena, Aparajita Swarup, Shailendra Swarup, Neha Khattar, D. Bhadra, S.A. Hashmi, Ravinder Agarwal, Arun K. Sinha, Rakesh Singh, Sumit Sinha, Dheeraj Malhotra, Aslam Ahmed, Babit Singh Jamwal, Gagan Gupta, D. Bhattacharya, M.K. Singh, Pramod B. Agarwala, Rajul Shrivastav, Abhishek Baid, Antara, Ameet Singh, Pareena Swarup, Praveen Swarup, D. Mehta, Ameet Singh, Nikhil Majithia, Anuvrat Sharma, M.K. Choudhary, Tanuj Khurana, S.K. Verma, R.K. Yadav and Ashutosh Srivastava, Advs.

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





























































































































































































































































































































































































































































































































































































































































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