By the Court.—Heard Shri Pradeep Kumar, learned counsel for the petitioner. Shri Ramendra Pratap Singh appears for New Okhla Industrial Development Authority.

2. The petitioner is a cooperative housing society, registered with Housing Commissioner U.P. Awas Evam Vikas Parishad Lucknow with registration No. 1786 dated 1.9.1992. It is stated that the society has 250 members joined together for providing residential houses to them. The society has allotted the land to provide housing facilities to its 200 members working in the Yamaha Motor Company Ltd. situate in Surajpur Tehsil Dadri Distt. Gautam Budh Nagar. The land was purchased by initially entering into an agreement of sale dated 31.7.1992 with Bhim Singh, Dharmvir Singh and Dharmpal Singh sons of Bhura Singh and Badlu son of Thana Singh of Village Barola, Pargana and Tehsil Dadri, Distt. Ghaziabad, Gautam Budh Nagar for sale of their 1/2 share in Khasra No. 1142 to 1154 measuring 3 bigha 10 biswa and 6 biswansis for a sum of Rs. 26,90,250/-. Similar agreement was also entered into with one Rishal son of Hari Ram for 3 bigha 6 biswa pakka in Khasra Nos. 1114, 1115, 1116 and 1117 in Village Barola, Tehsil Dadri, Distt. Gautam Budh Nagar adjacent to plot Nos. 1142 to 1154 for Rs. 2,40,975/-. The entire sale consideration was paid and the land owners executed sale deeds in the year 1995-96 on which the petitioner society became owner and got its name entered into revenue records. The land is recorded as residential in revenue records with some existing old constructions.

3. The petitioner society had earlier filed Writ Petition No. 37058 of 1992 for a direction to the Noida not to interfere in its rights to develop the land. The writ petition was disposed of with following directions :

“Petitioner has submitted a lay out plan. Since no order has been passed, petitioner rushed to this Court by means of this petition. Since considerable time has elapsed, respondents are directed to consider the matter of the petitioner within one month from the date of service of a certified copy of this order upon him.

With the above direction the petition is disposed of.

Dated 22.10.92 sd/- V.N.K.

sd/- D.P.S.C.”

4. The Officer on Special Duty Noida informed the petitioner in response to their application dated 28.10.1992 under Chapter II Regulation 5 of Noida Building Regulations that the petitioner’s application has been rejected on the ground that the plots in dispute have also been acquired by Noida, and that the land is in the possession of the authority and Noida authority had paid total compensation to the District Magistrate/ Administration, Ghaziabad.

5. The Society again filed a Writ Petition No. 666 of 1993 challenging the decision of Noida dated 1.12.1992 rejecting the building plan. The writ petition was dismissed on the ground of alternative remedy to file an appeal under Regulation 17 of the Noida Building Regulations. In the meantime, the petitioner was informed by the CEO, Noida that in the letter dated 1.12.1992 in reply to the petitioner’s application Khata Nos. 1142 to 1154 and 1114 to 1117 in Village Barola, Tehsil Dadri were wrongly mentioned to be acquired. The land falls within the notified area of the Government authority and as such the petitioner society cannot be permitted to change the land use. The letter was incorporated in appeal filed by the society. At the time of hearing of the appeal the Executive Officer, Noida was required to give a complete report to the actual position of the land purchased by the society. The Executive Officer, Noida issued certificates stating that plot Nos. 1114 to 1117, 1136/1, 1137/2 and half of plot No. 1142 and 1154 are not acquired nor there is any proposal to acquire the land. The plots are situate in old abadi of village and that there are some old and new constructions on the land. It is stated in para 24 of the writ petition that after receiving letter of the Administrative Officer dated 31.12.1994 as aforesaid the so