- (1.) Heard learned counsel for petitioners, learned Standing Counsel, and Sri Arvind Srivastava for New Okhla Industrial Development Authority, District Gautam Budh Nagar (in short, the NOIDA).
(2.) The petitioners are Welfare Societies/ Co-operative Housing Societies, and individual member of these socieites. The writ petitions are directed against the letters issued by Additional Chief Executive Officer, NOIDA dated 13-11-2002 and 7-1-2003 by which the NOIDA has directed the individual members to execute a tripartite deed with the Welfare Societies/Co-operative Housing Societies as the lessees, and NOIDA, as the lessor, for sale of the superstructure and sub lease deed for the respective flats apartments, residential accommodations allotted by the socieities to its individual members and for restraining the respondents from charging any stamp duty on the execution of such tripartite deed.
(3.) The brief facts giving rise to these writ petitions are stated as below :- In Writ Petition No. 13560/2003 between Rail Vihar Kalyan Samlti Limited Rail Vlhar. Sector 33. NOIDA. District Gautam Nagar v. State of U.P. the petitioners are housing societies, registered under the Co-operative Societies Act, 1965. The members of the two socieites detailed in Annexures 1 and 2 of the writ petition are serving Railway personnel, retired personnel, Spouses and dtependent children of the deceased Railway employees.The Indian Railway Welfare Organisatioh (IRWO), is a society under the Societies Registration Act 1860 registered on 25-9-1985. One of the objects of the societyas to provide houses for Railway men at All India level at no profit and) no loss basis. The bye laws of IRWO provide for allotment of dwelling units to the members of the society. The NOIDA entered into a lease of plots on land Nos. F-2 and F-3 in Sector 30 and Plot Nos. D-66 in Sector -33 for a total premimum of Rs. 20,4,10,972.00. The lease deed was executed on 11-2-1991 between NOIDA and IRWO.;