Writ Petition (Civil) No. 150 of 1997. Case: NOIDA Entrepreneurs' Association Vs New Okhla Industrial Development Authority and others. Supreme Court (India)
| Case Number | Writ Petition (Civil) No. 150 of 1997 |
| Judges | G.S.Singhvi and V. Gopala Gowda, JJ. |
| Issue | U.P. Industrial Area Development Act, 1976; Constitution of India - Articles 14, 19, 21, 32 |
| Judgement Date | November 27, 2013 |
| Court | Supreme Court (India) |
Order:
G.S.Singhvi, J.
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The legislature of Uttar Pradesh enacted the U.P. Industrial Area Development Act, 1976 (hereinafter referred to as "the 1976 Act") for planned development of industrial and residential areas in the State. For achieving that object, the State Government constituted New Okhla Industrial Development Authority ("NOIDA"). Thereafter, a new township was established near the capital of the country. Unfortunately, allotment of land and plots in the new township have become subject matter of innumerable controversies and generated huge litigation in the Allahabad and Delhi High Courts and this Court.
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NOIDA Entrepreneurs Association filed the above noted writ petition under Article 32 of the Constitution by way of public interest litigation (PIL) for enforcement of their rights guaranteed under Articles 14, 19 and 21 of the Constitution. It pleaded that the very object of creating NOIDA has been defeated because of major land scandals and prayed that a thorough probe be ordered into the allotment of land and plots and the abuse of power by the functionaries of NOIDA.
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On 7.4.1997, this Court gave liberty to the petitioner to file amended writ petition and to place before the Court facts on the basis of which the writ petition could be treated as a PIL. In furtherance of that order, the petitioner filed amended petition. Thereafter, the Court issued notice dated 21.4.1997 on following two issues:
(1) Issue writ of mandamus and/or any appropriate writ and direct CBI to investigate into all the land allotments and conversion of lands made by NOIDA during the past 10 years.
(2) Issue an appropriate writ and directions and frame guidelines for allotment of lands by NOIDA.
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By an order dated 29.8.1997, the Court requested Dr. Rajeev Dhawan, learned senior counsel, who had been appearing for the petitioner to act as amicus curiae. Dr. Dhawan graciously accepted the Court's request and for last 16 years he has rendered valuable assistance in deciding various issues.
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During the pendency of the writ petition, the State Government constituted a Commission of Inquiry headed by Shri Justice Murtaza Hussain, a retired Judge of the Allahabad High Court. On 20.1.1998, this Court passed an order for production of various documents including the report of the Inquiry Commission and lists of the illegal and irregular allotments. Thereupon, the learned Amicus filed a compilation of documents containing the report of the NOIDA...
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