Allahbad High Court
N.D.OJHA,V.K.KHANNA
The U.P. Residents Employees Co-operative House Building Society, Delhi - Appellant
Versus
New Okhla Industrial Development Authority, Post Office, NOIDA, Ghaziabad - Respondent
Decided On : 05/06/1983
LAND ACQUISITION - U. P. INDUSTRIAL AREA DEVELOPMENT ACT, 1976 - NOTIFICATIONS UNDER SECTIONS 4 AND 6 OF THE LAND ACQUISITION ACT - CHALLENGE TO - DELAY IN FILING WRIT PETITION - LACHES - MALA FIDES - ALLEGATIONS AGAINST CHAIRMAN, NOIDA AUTHORITY - NOIDA AUTHORITY NOT A PARTY - AFFIDAVIT BASED ON Hearsay - EXTENSION OF TIME FOR DEPOSIT OF 20% OF THE PRICE OF DEVELOPED PLOTS - DENIAL OF - ARBITRARINESS AND DISCRIMINATION - CONCESSION GRANTED BY THE AUTHORITY - NO LEGAL RIGHT CREATED - NO VIOLATION OF ARTICLE 14 OF THE CONSTITUTION - PRICE OF DEVELOPED PLOTS - FIXATION OF - NO STATUTORY CONTROL - NO DISCRIMINATION - ALLOTMENT OF LAND TO ARMY WELFARE OFFICERS SOCIETY - NO DISCRIMINATION.
Fact of the Case:
Petitioner, a Housing Co-operative Society, challenged the notifications issued under Sections 4 and 6 of the Land Acquisition Act, alleging mala fides and arbitrary and discriminatory action by the NOIDA Authority in not allotting land to the Society and in not extending the time for depositing 20% of the price of developed plots.
Finding of the Court:
1. The writ petition was dismissed as it was filed with a delay of more than 3 years after the publication of the notifications, suffering from the vice of laches. 2. The allegations of mala fides against the Chairman, NOIDA Authority were not considered as he was not made a party to the writ petition and the affidavit alleging mala fides was based on hearsay. 3. The denial of extension of time for depositing 20% of the price of developed plots was not arbitrary or discriminatory as the concession granted by the Authority did not create any legal right in the petitioner. 4. The fixation of the price of developed plots was not subject to any statutory control and there was no discrimination in the price offered to the petitioner. 5. The allotment of land to the Army Welfare Officers Society did not amount to discrimination as the petitioner had not availed of the concession granted by the Authority.
Issues: 1. Whether the delay in filing the writ petition rendered it liable to be dismissed on the ground of laches? 2. Whether the allegations of mala fides against the Chairman, NOIDA Authority could be considered in the absence of him being made a party to the writ petition and the affidavit alleging mala fides being based on hearsay? 3. Whether the denial of extension of time for depositing 20% of the price of developed plots was arbitrary and discriminatory? 4. Whether the fixation of the price of developed plots was subject to statutory control and whether there was discrimination in the price offered to the petitioner? 5. Whether the allotment of land to the Army Welfare Officers Society amounted to discrimination against the petitioner?
Ratio Decidendi: 1. A writ petition challenging notifications issued under Sections 4 and 6 of the Land Acquisition Act must be filed within a reasonable time after the publication of the notifications, otherwise it will be dismissed on the ground of laches. 2. Allegations of mala fides against a public authority cannot be considered if the authority is not made a party to the writ petition and the affidavit alleging mala fides is based on hearsay. 3. The grant of a concession by a public authority does not create a legal right in the recipient, and the authority is not bound to extend the time for availing the concession. 4. The fixation of the price of developed plots by a public authority is not subject to statutory control, and there is no discrimination if the price offered to all recipients of the concession is the same. 5. The allotment of land to one society does not amount to discrimination against another society if the latter has not availed of the concession granted by the authority.
Final Decision: The writ petition was dismissed with costs.
V. K. KHANNA, J.:- This writ petition has been filed by petitioner No. 1, which happens to be a Housing Co-operative Society registered under the U. P. Co-operative Societies Act and also by other petitioners who happen to be its office-bearers. The petitioner-society was formed with the object of acquiring land for its members in order to build their own houses and to do incidental work in connection therewith. More than 60 acres of land situated in village Chhalera Bangar and Suthari were acquired by the Society between Jan., 1973 to Sept., 1975.
2. U. P. Industrial Area Development Act, 1976 was enacted for the constitution of an authority for the development of certain areas in the State into industrial and urban township and for matters connected therewith. The State of U. P. by a notification dated April 17, 1976 declared the area comprising the villages mentioned in the Schedule annexed to the notification to be an industrial development area within the meaning of the 1976 Act to be called "New Okhla Industrial Development Area (hereinafter referred to as the "NOIDA"). Soon after the constitution of the Noida Authority a notification under Sections 4 and 17 of the Land Acquisition Act was published in the U. P. Gazette extraordinary dated 30-4-1976 stating that the land in village Chhalera Bangar was needed for the planned industrial development. The land of the petitioner-society was included in this notification (Annexure-3 to the writ petition). Notification under Section 6 of the Land Acquisition Act was thereafter issued on 1-5-1976 (Annexure-4 to the writ petition). In respect of the other land of the Society situated in village Suthari on 1st June, 1976 a notification under Section 4 was issued which was followed by a notification under Section 6 of the Land Acquisition Act on 16-9-1976 (Annexures-7 and 8 respectively to the writ petition).
3. It appears that the petitioner-society and also a large number of other registered co-operative societies, whose land has been acquired by the NOIDA authority for the purposes of an Industrial Development of the Area made representation to the concerned authorities for getting land in lieu of the land acquired in the Complex NOIDA. After exchange of correspondence between the Society and the NOIDA Authority a Sub-Committee was constituted under the Chairmanship of Sri B.J. Khodaiji, Commissioner and Secretary, Housing and Urban Development Government of U. P. to look into the matter. The Sub-Committee invited the representatives of the Co-operative Societies also which included the representative of the petitioner-Co-operative Society. It appears that the first meeting of the Sub-Committee was held on 10-12-1977 in which the co-operative societies suggested that they be given land according to their requirement in the complex which may be nearest to Delhi. The next meeting was held on 4th Mar., 1973 (Annexure-15 to the writ petition) and in this meeting it was agreed that only the land of the society acquired by the authority would be considered for giving alternative land and that too upto the maximum of 35 to 40 per cent of the total area. The representative of the Society told the Sub-Committee that the views of the members of the Co-operative Societies will be informed to the Sub-Committee. It appears that thereafter the petitioner-Society was pressing for allotment of land at the place where their original land was situated and also that the development charge should not be charged more than Rs. 40 to 50 per square meter including the cost of the land. The next important meeting of the Sub-committee was held on 19-10-1978 in which it was decided that sites will be given to various Co-operative Housing Societies on the land nearest to Delhi on the basis of the Noida Master Plan which was under consideration and was yet to be finalised. It was also clarified by the Chief Executive Officer that 35 per cent of the area offered to the members of the society will be p
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