hi INDiA Copyright 2022
New Delhi, Sep 22 (IANS) The Supreme Court on Thursday, giving rest to an over three-decade old legal dispute over land allotment, directed NOIDA to provide flats to 844 members of a group housing society of Central government employees.
The flats, which measure 1800 sq. ft, are located in Sector 43 of the city.
A three-judge bench, headed by Chief Justice U.U. Lalit, said: “We exercise our jurisdiction and power to do complete justice in the matter and direct NOIDA to extend to said 844 persons the benefit, as indicated in the affidavit filed on behalf of NOIDA.”
The bench, also comprising Justices Indira Banerjee and K M Joseph, added: “Needless to say that the price of said apartments shall be fixed by NOIDA purely in accordance with its extant policy and the applicable norms. The list of said 844 persons shall be furnished by Respondent-Society within two weeks from today under an authenticated certificate by Respondent-Society.”
The bench said New Okhla Industrial Authority (NOIDA) is agreeable to re-lay part of Sector 43 and to make allotments of multi-storeyed flats in favour of 844 persons, with each of those flats measuring about 1,800 square feet.
“The entire controversy can be set at rest on the understanding that 844 members of the Respondent-Society shall be provided with apartments, admeasuring about 1,800 square feet, as stated by NOIDA in its affidavit filed pursuant to the order dated 23.8.2021 passed by this Court. This direction will not only give quietus to the pending litigation between the parties but will also provide homes to said 844 persons and satisfy their long-standing needs,” it said.
The Kendriya Karamchari Sehkari Grih Nirman Samiti had contended that claim was restricted to 977 members out of which 133 persons had sold away their interest without NOIDA’s permission, and the transferees of the 133 persons, as per NOIDA, cannot lay any claim.
“At this stage we must also deal with the claim of 133 persons who have acquired by transfer, the interest of the erstwhile members. NOIDA shall look into their claims and if satisfied, may grant them similar benefits as would be extended to 844 members,” said the bench.
The apex court judgment came on appeal filed by NOIDA challenging an interim order of the Allahabad High Court on petitions filed by the society. The society had challenged orders passed in ceiling proceedings, holding that there were excess lands in the hands of society which vested in the state.