By the Court.—Heard Shri Ramendra Pratap Singh, learned counsel for appellant and Shri J.P. Pandey, learned counsel for respondent in First Appeal No. 790 of 2008 and Shri J.P. Pandey, learned counsel for appellant and Shri Ramendra Pratap Singh, learned counsel for respondent in First Appeal No. 412 of 2013.

2. These appeals under Section 96 of Civil Procedure Code (hereinafter referred to as, ‘CPC’) have arisen from judgment dated 10.9.2008 and decree dated 24.9.2008 passed by Shri Shamshul Haq, Civil Judge, Senior Division, Gautam Budh Nagar in Original Suit No. 273 of 2006.

3. Court below has decreed the suit partly and declared order dated 5.5.1998 illegal, ineffective, null and void in respect to entire property except those which was covered by sale-deeds executed after 27 February, 1988. It has also directed that defendant-appellant not allot and entrusted possession of land allotted vide letter dated 12.8.1994 to other than those covered by sale-deeds executed after 27.2.1988 by plaintiff-respondent.

4. Facts in brief given rise to present dispute are as under;

5. Plaintiff-respondent M/S Kendriya Karamchari Sahkari Grih Nirman Samiti Ltd (hereinafter referred to as, ‘Housing Society’) is a Cooperative Housing Society registered under U.P. Cooperative Societies Act, 1965 having its registered office at A-114 First Sector 30 NOIDA, District-Gautam Budh Nagar.

6. Original Suit No. 273 of 2006 was instituted by Housing Society through its President Charan Singh seeking following reliefs :

“A. That, through the decree of declaration it be declared that order dated 5/5/1998 passed by defendant Authority canceling the allotment of plots in favour of the plaintiffs by allotment letter dated 12/8/1994 is null and void and ineffective. The plaintiff society is the lawful allottee of the said land.

B. That, through the decree of prohibitory injunction the defendant or anyone else acting for or on behalf of the defendant may kindly be restrained from allotting the land allotted to the plaintiff society by allotment letter dated 12/8/1994 in favour of anyone else and also from handing physical possession there of to someone else.

C. That, through the decree of mandatory injunction the defendant may kindly be directed to deliver possession of the land allotted in favour of plaintiff by allotment letter dated 12/8/1994 and to execute necessary transfer documents in favour of the members of the plaintiff society.

D. Cost of the suit.

E. Any other relief.”

7. Plaintiffs set up their case pleading that society was formed and registered in 1975 for acquisition and development of land for making residential houses for its members. Plaintiff-society purchased land measuring 292 Bighas 12 Biswas 17-3/4 Biswansis in Village Chhalera from funds contributed by its members. Similar to plaintiff, some other Societies had also purchased land for their respective members in adjoining area before creation of New Okhla Industrial Development Authority (defendant-appellant0 (hereinafter referred to as, ‘NOIDA’) under the provisions of U.P. Industrial Area Development Act, 1976 (hereinafter referred to as, ‘U.P. Act, 1976’).

8. The land purchased by plaintiff Housing Society and others subsequently was notified as Industrial Development Area by NOIDA after its creation in 1976 under U.P. Act, 1976. Notification under Section 9 of U.P. Act, 1976 was also issued imposing ban on erection of buildings in contravention of its regulation made and applicable within notified area.

9. On 27 February, 1988 notification under Section 4 of Land Acquisition Act, 1984 (hereinafter referred to as, ‘Act, 1984) was published which included plaintiff’s entire land 292-12-17-3/4 for proposed acquisition for planned Industrial Development, which also followed by a declaration under Section 6 under Act, 1894 and thereafter possession was also taken by NOIDA. Plaintiff approached NOIDA for allotment of developed plots to its members in lieu of land acquired as it