Land Allocation Case: Legal Analysis

The recent court judgment in the Land Allocation Case delves into the intricate legal analysis conducted by the court. The case involves a detailed examination of various legal aspects relating to land acquisitions, transfer declarations, and allotments under the U.P. Acts. This summary focuses on the court’s in-depth legal analysis and the implications of their findings on the parties involved.

Facts

• The High Court’s interim order dated 19.11.2013 in various writ petitions and appeals challenged by NOIDA were contested on the grounds of factual adjudication in writ jurisdiction.
• Ceiling proceedings concluded that excess land held by the Respondent-Society vested in the State Government.
• The Trial Court allowed a suit for ejectment based on violations of Section 154 and declared no rights for lands purchased by the Respondent-Society after 27.02.1988.
• The transfers by Sirdar and Asami were declared void under the U.P. Act of 1950, but transfers affected by bhumidhar were not declared void under the same Act.
• The land acquisitions made by Kendriya Karamchari Sahkari Grih Nirman Samiti Ltd. were deemed to be properties of the housing society and not vested in the State Government.
• The High Court dealt with issues regarding land transfers and void declarations under the U.P. Act from 1958 onwards.
• NOIDA’s canceled allotments were contested in a civil suit by the Respondent-Society.
• Recommendations by the Khodaiji Committee for land acquisitions by NOIDA and allocations to cooperative society members were highlighted.
• 1754 members of the Respondent-Society were found eligible for land allocations by NOIDA, leading to a series of deposit payments and eventual cancellations by NOIDA.
• The legality of land transfers under Section 154 of the U.P. Zamindari Abolition and Land Reforms Act, 1950 was contested, leading to lands being deemed vested in the State Government.

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Issue

• An attempt was made to see if the parties could arrive at an understanding and settle the matter

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Arguments

• Initial allotment letters issued to 1754 members of the Society
• Allotment based on the premise of Society’s entitlement governed by Khodaiji Committee formula for 299 bighas
• Prabhat Kumar Committee constituted after complaints were received
• Committee examined issues of membership and Society holding
• The State, represented by Mr. Tanmay Agrawal, Advocate, agrees to restrict the entitlement to 99 bighas for the Society purchased up to 03.06.1981.
• The State has no objections to this restriction.

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Analysis

• An affidavit submitted by NOIDA indicates willingness to re-lay part of Sector 43 for group housing plots.
• NOIDA agrees to allot multi-storeyed flats to 844 members of the Respondent-Society.
• 844 members will be provided with 1800 square feet apartments each.
• NOIDA and State of U.P. are called upon to file affidavits clarifying their positions within three weeks.
• The Society has agreed that only 844 members are eligible for the multi-storeyed flats.
• Out of 977 members, 133 have sold their interest without permission and their claim is disputed by NOIDA.
• The Civil Court has deemed the cancellation of allotments by NOIDA as invalid.
• The issue of excess lands and cancellation of allotments is under consideration in pending Writ Petitions.
• NOIDA to clarify if land in Sectors 42, 43 can be used for the project or suggest alternative land.
• The extent of land to be earmarked for the Society and the list of 1053 members need to be determined.
• The status of any eviction suits or declarations under U.P. Acts in regard to the land should be provided.

Decision

• The list of 844 persons provided by the Respondent-Society shall be considered final, and allotment letters should be issued within three months.
• 133 persons who sold their interest without permission cannot claim any benefit.
• The court has directed NOIDA to extend benefits to the 844 persons as indicated in the affidavit.
• The price of the land for allotment shall be determined by NOIDA according to their existing policy and norms.
• The list of 844 persons must be submitted by the Respondent-Society within two weeks.
• With the issuance of allotment letters, pending cases in the High Court should be withdrawn, and all claims by the Respondent-Society or related parties will be extinguished.
• NOIDA will also consider the claims of the 133 persons who acquired interest via transfer, potentially granting them similar benefits.

Case Title: NEW OKHLA INDUSTRIAL DEVELOPMENT AUTHORITY (NOIDA) Vs. KENDRIYA KARAMCHARI SEHKARI G.N.SAMITI (2022 INSC 993)

Case Number: C.A. No.-006849-006849 / 2022

Click here to read/download original judgement