Case No. 48 of 2014. Case: Anil K. Jain Vs Yamuna Expressway Industrial Development Authority Commercial Complex. Competition Commision of India
|Case Number:||Case No. 48 of 2014|
|Party Name:||Anil K. Jain Vs Yamuna Expressway Industrial Development Authority Commercial Complex|
|Counsel:||For Appellant: Nitesh Jain and Ishaan Madaan, Advocates|
|Judges:||M.L. Tayal, S.L. Bunker, Sudhir Mital, Augustine Peter and U.C. Nahta, Members|
|Issue:||Competition Act, 2002 - Sections 19(1) (a), 2(h), 26(2), 3, 3(1), 3(3), 4, 4(2) (a); Uttar Pradesh Industrial Area Development Act, 1976 - Section 7|
|Judgement Date:||October 01, 2014|
|Court:||Competition Commision of India|
Order under Section 26(2) of the Competition Act 2002
As per the provisions of section 19(1) (a) of the Competition Act, 2002 (hereinafter the 'Act') Shri Anil K Jain and others (hereinafter the 'Informants') have filed the information in the present case.
The matter relates to the alleged abuse of dominant position by Yamuna Expressway Industrial Development Authority (hereinafter the "Opposite Party No. 1"), Department of Stamp & Registration, Government of Uttar Pradesh (hereinafter "Opposite Party No. 2") and Sub-Registrar, Gautam Budh Nagar, Uttar Pradesh (hereinafter the "Opposite Party No. 3") in allocation of residential plots in Greater Noida.
The facts of the case, as detailed in the information, may be briefly noted:
3.1 The Opposite Party No. 1 is a body established under the Uttar Pradesh Industrial Area Development Act, 1976. Its main responsibilities include: execution of Yamuna Expressway project; acquisition of land for construction of Yamuna Expressway and area development; preparation of zonal plan/master plan for planned development along the Expressway; development of drainage, feeder roads, electrification and other facilities in the area. Nearly 334 villages of Gautam Budh Nagar, Bulandshahar, Aligarh, Mahamaya Nagar (Hatras), Mathura and Agra districts of Uttar Pradesh are notified under the Opposite Party No. 1. The Opposite Party No. 2 is a department of the Government of Uttar Pradesh and the Opposite Party No. 3 is an office under the Opposite Party No. 2 located in Gautam Budh Nagar district of Uttar Pradesh. The Informants are the allottees of residential plots under 'Yamuna Expressway Industrial Development Authority Residential Plot Scheme 2009(1) [hereinafter the "Scheme"] developed by the Opposite Party No. 1 at Sector 20, Greater Noida.
3.2 It is averred in the information that the Opposite Party No. 1 allotted plots to the Informants under the said scheme without actually acquiring the land from the farmers/land owners under the provisions of Land Acquisition Act, 1894 which is in contravention of Section 7 of the Uttar Pradesh Industrial Development Act, 1976.
3.3 As per the Informants, the Hon'ble Allahabad High Court has stayed the land acquisition process for the said scheme. Despite the Hon'ble High Court's Order, the Opposite Party No. 1 continues to demand instalments from the allottees and threatened to impose heavy penalty in case any allottee fails to make timely payment. It is alleged that the...
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