Arun Tandon, Naheed Ara Moonis, JJ. - (1.) Heard learned counsel for the petitioner, Sri Ramendra Pratap Singh learned counsel for the Greater Noida and the learned standing counsel.
(2.) The record of the present writ petition reflects that the petitioner's Housing Co-operative society was registered on 12.11.1988 and through various sale deed, it had purchased properties from the farmers. With reference to policy, resolution passed in the meeting of Board of Secretary Greater Noida dated 20.2.1993. The petitioner's Society is stated to have made an application on 10.11.1991 for a memorandum of understanding being executed which would entitle the society to certain percentage of developed plots, in case the land holding of the society is acquired. The petitioner's society was informed vide letter dated 3.12.1993 that appropriate action shall be taken on receipt of complete documents from the society. The society is stated to have supplied the information vide letter dated 13.10.1994. Subsequent thereto vide letters dated 5.2.1995 and dated 28th July 1995, certain other information was asked for by the Greater Noida authorities from the petitioner. By means of letter dated 16th August 1996, list of office bearers of petitioner's society was called for so that further action may be taken in the matter of execution of memorandum of understanding.
(3.) In the meantime on 27th July 1996 in the meeting of the Board, a decision was taken to do away with the policy of execution of memorandum of understanding with Housing Co-operative Societies in the back ground that in most of the cases, land was not being made available to the Greater Noida because of litigation and further in view of section 154 U.P.Z.A. & L.R. Act wherein it is provided that purchase of land by the Societies in excess of 12.5 acres would be illegal and such transaction shall be void.;