( 1 ) HEARD learned counsel for petitioners, learned Standing Counsel, and sri Arvind Srivastava for New Okhla Industrial Development Authority, District gautam Budh Nagar (in short, the NOIDA ).

( 2 ) THE petitioners are Welfare Societies/ co-operative Housing Societies, and individual member of these socieites. The writ petitions are directed against the letters issued by Additional Chief Executive Officer, noida dated 13-11-2002 and 7-1-2003 by which the NOIDA has directed the individual members to execute a tripartite deed with the Welfare Societies/co-operative Housing societies as the lessees, and NOIDA, as the lessor, for sale of the superstructure and sub lease deed for the respective flats apartments, residential accommodations allotted by the socieities to its individual members and for restraining the respondents from charging any stamp duty on the execution of such tripartite deed.

( 3 ) THE brief facts giving rise to these writ petitions are stated as below :-In Writ Petition No. 13560/2003 between rail Vihar Kalyan Samlti Limited Rail Vlhar. Sector 33. NOIDA. District Gautam Nagar v. State of U. P. the petitioners are housing societies, registered under the Co-operative societies Act, 1965. The members of the two socieites detailed in Annexures 1 and 2 of the writ petition are serving Railway personnel, retired personnel, spouses and dtependent children of the deceased Railway employees. The Indian Railway Welfare organisatioh (IRWO), is a society under the societies Registration Act 1860 registered on 25-9-1985. One of the objects of the societyas to provide houses for Railway men at All India level at no profit and) no loss basis. The bye laws of IRWO provide for allotment of dwelling units to the members of the society. The NOIDA entered into a lease of plots on land Nos. F-2 and F-3 in Sector 30 and Plot Nos. D-66 in Sector -33 for a total premimum of Rs. 20,4,10,972. 00. The lease deed was executed on 11-2-1991 between NOIDA and IRWO.

( 4 ) THE petitioners are members of IRWO. They have formed Separate housing societies. The entire premium, as consideration for the lease was provided by members of the petitioners society through IRWO. Five types of dwelling units were constructed. The building complexes are called rail Vihar. The constructions were complete in the year 1994 and were handed over to the members of the petitioners by way of possession letter. All the petitioners after paying the instalments were allotted residential houses in the year 1994 and are residing therein. The IRWO has circulated a letter dated 16-1 -2003 to all the allottees enclosing a copy of copy of letters dated 7-1-2003 from noida, requiring all the allottees to execute a tripartite sale deed of superstructure and sub-lease for land, within 15 days, failing which Rs. 10,00 per day will be levied and essential facilities will be withdrawn.

( 5 ) WRIT Petition No. 30637/1999 has been filed by Air Commodore S. K. Misra, who is a member of the Air Force Naval Housing board, Air Force Station, Race Course, New delhi. It is alleged in the writ petition that in the year 1978-79 the Ministry of Defence, government of India authorised formation of societies namely Air Force Naval Housing board (AFNHB) and Army Welfare Housing organisation (AWHO) to promote economical housing to the serving and retired Air force, Navy and Army personnel as a welfare measure, on self financed and on no profit and no loss basis. The AFNHB was registered as a society with the Registrar of societies of Delhi on 19-5-1990. The entire corpus and endowment funds was made out of the advances and is contributed by the members regisrants of the dwelling units.

( 6 ) THE NOIDA executed a lease deed of land with AFNHB for construction of dwelling units and common amenities vide lease deed dated 29-9-1987 registered with the sub-Registrar NOIDA on 5-10-1987. About 3800 dwelling units were progressively constructed in Sectors 21 and 25 and were handed over to registrant

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