Neutral Citation No. - 2025:AHC:25789-DB Reserved on :-27.11.2024 Delivered on :-24.02.2025 Court No. 42 Case :- WRIT - C No. - 41880 of 2019 Petitioner :- M/S Gaursons Sportswood Private Limited Respondent :- State of U.P. and Another Counsel for Petitioner :- Nikhil Agrawal,Sanjay Kumar Mishra Counsel for Respondent :- C.S.C.,Kaushalendra Nath Singh WITH Case :- WRIT - C No. - 17836 of 2020 Petitioner :- Rewant Mal Gaggar Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Kartikeya Saran Counsel for Respondent :- C.S.C.,Kaushalendra Nath Singh Hon'ble Mahesh Chandra Tripathi,J.

Hon'ble Prashant Kumar,J.

TABLE OF CONTENTS SN. Heading Page nos.

A. Factual Matrix of Writ-C No. 41880 of 2019 2-9 B. Factual Matrix of Writ-C No. 17836 of 2020 10-10 C. Arguments on behalf of the petitioners 11-23 D. Arguments of Respondent- NOIDA Authority 23-28 E. Integrated Project 28-29 F. Non-development of the Sports Facilities 29-30 G. Interest of Homebuyers 30-31 H. Analysis by the Court 32-37 I. Interest of Homebuyers 37-40 J. Directions 41-42

1. Since both the petitions have arisen out of same cause of action, hence both the petitions have been heard together and being decided by a common judgement.

2. Heard Sri Nikhil Agrawal, learned counsel for the petitioner in the leading petition, Sri Ujjawal Satsangi, Advocate holding brief of Sri Kartikeya Saran, learned counsel for the petitioner in the connected petition, Sri Devesh Vikram, learned Additional Chief Standing Counsel and Sri Mohan Srivastava and Sri Fuzail Ahmad Ansari, learned Standing Counsel for State-respondents and Sri Manish Goyal, learned Senior Advocate assisted by Sri Kaushalendra Nath Singh and Ms. Anjali Gokhlani, learned counsel for the respondent- New Okhla Industrial Development Authority.

A. FACTUAL MATRIX OF WRIT C NO.41880 OF 2019

3. In the year 2010-2011, New Okhla Industrial Development Authority¹ framed a policy to develop Sports City in Sector Nos. 78, 79, and 150. The scheme was launched on 03.03.2011 and closed on 24.03.2011. As per the scheme, a Sports City was to be developed on a land parcel of 72.75 hec. in Sector 78, 79 and another 80.00 hec. in Sector 150. The reserve price for the scheme was set at Rs.11,500/- per square metre. The price was purposely kept low as the developer was supposed to create sports facilities over 70% of the entire land allotted to them, which was not marketable, and on top of it, the developer had to infuse his funds to develop the same. To set off the expenses of the

1 NOIDA developer 30% of the total land was allowed to be constructed. In the 30% land, 28% was meant to be a Group Housing and 2% was meant for commercial purpose. And a total of 1.5 Floor Area Ratio² was given on the entire land. The scheme clearly stated that the population density in this Sports City would be 1650 persons per hectare. The open/green area recreational component (included sports activities such as Golf course, stadium open spaces etc.) for the entire land.

4. Pursuant to the application invited, a Consortium headed by M/s. Xanadu Estates Private Limited had applied for the Sports City Plot No. SC- 01-01, in Sector 78 & 79 under Sports City Scheme 2010-11. Being a successful bidder the same was allotted to it on 28.03.2011. The entire project was for an area admeasuring 7,27,500 sqm., out of which 5,92,300 sqm. land was immediately allotted to the Consortium on 04.05.2011. Pursuant to allotment made and on the request of the allottees, NOIDA executed a registered lease deed in respect of 80000 sqm. of land in favour of the members of the Consortium and handed over possession of the land to M/s Xanadu Realcon Pvt. Ltd. on

11.11.2011.

5. Thereafter, an application was moved by one of the consortium member M/s Xanadu Realcon Pvt. Ltd. to NOIDA, requesting therein to further sub-divide the land which was allotted to it. The request was accepted, and NOIDA in turn thereof allowed the sub division of land on 03.10.2012, and 80,000 sq. metres land