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HIGH COURT OF ALLAHABAD
M. Katju and R.S. Tripathi, JJ .
Kendriya Karamchari Sahkari Grih Nirman Samiti Ltd.
Versus
New Okhla Industrial Development Authority
Civil Misc. Writ Petition 39842 of 2001
Decided On : 05 August 2003
Civil Misc. Writ Petition 39842 Of 2001
misrepresentation - land allotment - U. P. Co-operative societies Act, 1965, U. P. Industrial Areas development Act, 1976, Land Acquisition Act - Sections 54, 167 of the U. P. Z. A. and L. R. Act - promissory estoppel
Fact of the Case:
The petitioner, a Co-operative Housing Society, sought to quash the cancellation of land allotments made by the respondent. The petitioner alleged that it had purchased land for the purpose of allotting it to its members and had followed the criteria of allotting 40% of the acquired land to its members, as approved by the Supreme Court in similar cases. The respondent cancelled the allotments, alleging misrepresentation and suppression of material facts by the petitioner.
Finding of the Court:
The court found that the petitioner had purchased the land and made repeated representations to the respondent for allotment, which was eventually granted. The court noted that the respondent had accepted substantial amounts from the petitioner's members and had verified the petitioner's documents before making the allotment. The court also found that the respondent's actions amounted to discrimination and violated Article 14 of the Constitution.
Issues: The main issues were whether the petitioner had misrepresented the extent of its land ownership and whether the respondent's cancellation of the allotments was justified.
Ratio Decidendi: The court held that the petitioner's registered sale-deeds, not mutation, conferred title to the land. It also found that the respondent's reliance on alleged misrepresentation was unfounded, as the petitioner had followed the criteria approved by the Supreme Court in similar cases. The court further emphasized that the respondent's actions amounted to discrimination and violated Article 14 of the Constitution.
Final Decision: The court allowed the petition, quashing the cancellation of land allotments and finding in favor of the petitioner.
( 1 ) THIS writ petition has been filed for a writ of certiorari to quash the impugned order dated 5. 5. 1998, Annexure-R to the writ petition by which the respondent has cancelled the allotments of land made in favour of the members of the petitioner Society on the ground that the same had been obtained by misrepresentation and fraud. The petitioner has also prayed for a mandamus directing the respondent New Okhla Industrial Development Authority (NOIDA) not to allot plots of the said land earlier earmarked for the members of the petitioner Society in Sections 42 and 43 NOIDA in any one elses favour.
( 2 ) HEARD learned Counsel for the parties.
( 3 ) THE petitioner is a Co-operative Housing Society registered under the U. P. Co-operative societies Act, 1965. It was registered in 1975. It was primarily formed for acquisition and development of land and allotment of the same to its members for construction of their residential units. The main object of the petitioner Society was to enable its members to acquire plots of land on a comparatively low price on affordable terms.
( 4 ) AFTER registration of the Society it purchased land for the aforesaid purpose in village chhallera from the funds contributed by its members as well as the funds lying in the Society being members funds. It is alleged in Paragraph 3 of the writ petition that between 1967 to 1976 there were 16 Co-operative Housing Societies formed for similar purpose in the vicinity of the petitioner Society.
( 5 ) THE respondent NOIDA is an authority constituted under the U. P. Industrial Areas development Act, 1976 for development of certain notified area in the State as industrial and urban township. Immediately after its constitution the NOIDA issued a notification under section 9 of the aforesaid Act, imposing ban on erection of building in contravention of its regulations within the notified area. It is alleged in Paragraph 6 of the writ petition that in its first meeting on 24. 4. 1976, NOIDA discussed the prospects with the Co-operative Housing societies whose land had been acquired for the purpose and benefits of NOIDA.
( 6 ) IN its 15th Board meeting on 19. 6. 1977, the NOIDA constituted subcommittee under the chairmanship of Sri B. J. Khodaiji, Commissioner and Secretary, Housing and Urban development Department, U. P. (known as the Khodaiji Committee) to negotiate with the representatives of various Co-operative Societies who had purchased the land for NOIDA area. The said Committee held several meetings and then submitted its report known as the Khodaiji committee report vide Annexure-A to the writ petition. The details of the recommendations of the Committee are mentioned in Paragraph 11 of the writ petition.
( 7 ) IN its held on 6. 11. 1979 NOIDA considered the recommendations of the Khodaiji Committee report and approved the same with some modifications. These modifications are mentioned in paragraph 12 of the writ petition. Thereafter by letter dated 21. 4. 1980 addressed to the General secretary, Federation of Co-operative House Building Societies, New Delhi, NOIDA offered developed plots at Rs. 130/- per sq. mtrs. in certain sectors for the members of the various co-operative Housing Societies including members of the petitioner Society. The details are given in Paragraph 13 of the writ petition. Pursuant to the aforesaid letter NOIDA by its letter dated 21. 04. 1980/15. 5. 1980 allotted land to the extent of 40% of the total acquired land to 11 societies at concessional rate of Rs. 130/-per sq. mtrs. The names of these 11 Societies are mentioned in Paragraph 14 of the writ petition. It is alleged in Paragraph 15 of the writ petition that while allotting the plotted land to the members of these eleven Co-operative Societies the noida has followed the criteria of allotting 40% of the acquired land of each Society and in none of these cases the respondent ever raised the question of mutation or the compensation paid at that time in terms of
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