- (1.) Challenge in this appeal is to the legality of judgment rendered by a Division Bench of the Allahabad High Court allowing the writ petition filed by the respondent.
(2.) Background facts in a nutshell are as follows: Appellant - New Okhla Industrial Development Authority (in short the 'NOIDA') was constituted under the provisions of Section 3 of the Uttar Pradesh Industrial Area Development Act, 1976 (in short the 'Act'). The main object of the Act was planned development of an industrial development area. For the said purpose State of Uttar Pradesh acquired lands falling in various villages by invoking the provisions of the Land Acquisition Act, 1894 (in short the 'LA Act') by issuing various notifications. This Court in Kendriya Karamchari Sahkari Nirman Samiti Ltd. & Anr. v. The New Okhla Industrial Development Authority & Ors. 1988 AIR(SC) 1 held that lands belonging to cooperative societies are not exempt from acquisition by the State for the purpose of planned development of Noida area. Since the land of a number of Co- operative Societies were compulsorily acquired, a decision was taken by the NOIDA that land equivalent to 40% of the land holding of such societies would be made available for allotment to the members of the societies whose land was acquired. The respondent - society represented vide its letter dated 30th April 1994 that it owned 292 bighas of land and on that basis moved for allotment of land for the benefit of its members. In response a letter dated 14.6.1994 was written by NOIDA that the respondent's request for allotment of residential plots is under consideration and as soon as the decision is taken necessary information shall be given. By letter dated 8.8.1994 appellant asked the respondent - society to send a list of its members duly verified by the District Assistant Registrar Cooperative Societies, Ghaziabad. A list was sent purportedly verified by the Assistant Registrar of Cooperative Societies. Acting on the basis of representation made by the Society and believing the same to be correct, appellant proceeded to allot land equivalent to 40% of 292 bighas. The respondent wrote a letter dated 9.9.1994 indicating details of such 292 bighas. In February and March, 1995 allotment letters were issued to individual members totaling 1754 for land measuring 3, 23, 650 sq.m. In paragraph 21 of the allotment letter it was stipulated as follows : "21. CONSEQUENCES OF MIS- REPRESENTATION: If the allotment/lease of the plot is obtained by any misrepresentation, suppression of material fact, mis-statement of fraud, allotment/lease may be cancelled/determined and the possession of the plot and building thereon (if exists) may be resumed by the Chief Executive Officer or his duly authorized representative and the allottee/lessee will not be entitled to any compensation. Entire money deposited will also be forfeited in favour of the authority. Besides, Authority will be at liberty to initiate legal action against such allottee/lessee."
(3.) Accordingly, payments in respect of such allotments to 1754 persons were accepted. Complaints were received from various persons who alleged that they were in fact members of the respondent-society, but their names were not forwarded by the Society for allotment of plots. In view of these complaints and with a view and intent to check correctness of the membership list, appellant requested Secretary of the respondent-Society on 1.5.1996 to give the following details : 1. Year-wise detailed information of members enrolled by the society; 2. Year-wise membership fees deposited by the members to obtain membership of the society and further year- wise details regarding deposit of such an amount by the society. 3. Year-wise details of pass book containing entries deposit of membership fees. 4. Details of cash book, balance sheet etc. from the inception of the society till 1988.;