JUDGMENT

CHANDRAMAULI KR. PRASAD, J.

New Okhla Industrial Development Authority, hereinafter referred to as “NOIDA”, in these special leave petitions filed under Article 136 of the Constitution of India impugns the order dated 20th of June, 2008 passed by the Allahabad High Court in Civil Misc. Writ Petition No. 41065 of 2003 (Sarvpriya Sahakari Avas Samiti Limited v. State of U.P. through Special Secretary & Anr.) and order dated 15th of July, 2010 passed in Civil Misc. Writ Petition No. 67362 of 2005 (Shivalik Sahakari Avas Samiti through Secretary v. State of U.P. through Principal Secretary & Ors.). By those orders NOIDA has been directed to give benefit of Government Order dated 22nd of October, 2002 to each of the writ petitioners, respondent no. 1 herein i.e. Sarvpriya Sahakari Avas Samiti Limited, hereinafter referred to as “Sarvpriya” and Shivalik Sahakari Avas Samiti, hereinafter referred to as “Shivalik”.

Leave granted.

As direction given in both the appeals is identical and facts are similar, both have been heard together and are being disposed of by this common judgment.

For the purpose of these appeals we have taken the facts from the appeal arising out of Special Leave Petition No. 1343 of 2009. Sarvpriya is a registered Housing Cooperative Society and its claim is that most of its members are from the Indian Army, Border Security Force, Air Force, Central Reserve Police Force, Delhi Police and other Government Departments. The object of the Sarvpriya is to provide residential accommodation to its members. It was registered in the year 1981. Sarvpriya purchased land from the land holders during the period 1981 to 1985 in the Village Wazidpur within Tehsil Dadri in the District of Ghaziabad from the funds contributed by its members. During that period neither Ghaziabad Development Authority nor NOIDA were in existence and, as such, the layout plan prepared by Sarvpriya was approved on 3rd of December, 1982 by the Chief Town and Country Planner. Later, an agreement was entered into between Sarvpriya and the District Magistrate, Ghaziabad, whereby Sarvpriya was allowed to carry out the development activities as per the layout plan within a period of two years.

While the aforesaid development activities were going on, the State Government, in exercise of its power under Clause (d) of Section 2 of the U.P. Industrial Area Development Act, 1976 declared an area of 748 acres of land in Village Wazidpur as industrial development area, which was to form part of the New Okhla Industrial Development Area. It included land belonging to Sarvpriya. But, it seems that despite the aforesaid area having been declared as an industrial development area, Sarvpriya continued to carry on the activities of colonization and illegal plotting. Accordingly, by notice dated 21st of September, 1994, NOIDA called upon Sarvpriya to remove the unauthorized construction within a stipulated time. Sarvpriya replied to the aforesaid notice inter alia stating that it had developed the land and asserted its right for further development on the basis of the sanction order and terms of agreement between it and the District Magistrate. Sarvpriya also chose to challenge the aforesaid notice in a writ petition filed before the High Court but the challenge has ultimately failed.

Sarvpriya thereafter wrote to the State Government to either permit it to develop residential plots or to allot a suitable developed plot. Sarvpriya also resorted to a proceeding before the Monopoly Restrictive Trade Practices Commission but the same was dismissed. While the request of Sarvpriya for allotment of a suitable developed plot was pending, in response to a notice dated 24th of July, 1999, Sarvpriya by its representation dated 28th of July, 1999 requested to settle the dispute outside the court by either allowing it to retain the present site or to allot a suitable alternative developed piece of land to enable its members to raise housing colony for their residence. It seem