Anjani Kumar, Rakesh Sharma - (1.) -This writ petition, under Article 226 of the Constitution of India by the petitioner which is a Co-operative Housing Society registered under the provisions of U. P. Co-operative Societies Act, 1965, challenges the order dated 4.7.2003 communicated to the petitioner-society on 29.7.2003, a copy of which is annexed as Annexure-18 to the writ petition. The petitioner has further prayed for issue of writ of mandamus commanding the opposite parties to the present writ petition to allot 40% of the land acquired to the petitioner and the petitioner's society acquired by the respondents in Sector No. 134-135 or any nearby sector of NOIDA.
(2.) THE brief facts are that the petitioner being registered Housing Co-operative Society and the membership of the petitioner's society consists of officers from Indian Army, Border Security Force, Air Force, C.R.P.F., Delhi Police and other Government Department, most of the members of the petitioner's society have already retired and have not been able to build their own houses. With the object to provide residential accommodations to its members, the petitioner-society was registered to acquire land to distribute the same to its members for housing and their residential units. THE petitioner-society, which was registered in the year 1981, after registration, had purchased land from the landlords during the period 1981 to 1985 in the village Wajidpur, Tehsil Dadri, District Ghaziabad now known as District Gautam Budh Nagar, from the funds contributed by its members. It is also submitted that at the time when Ghaziabad Development Authority or NOIDA Authority were not in existence the land was not within the area for which Ghaziabad Development Authority or NOIDA authority were constituted and as the lay out was prepared by the society it was approved by the Chief Town and Country Planner vide their order dated 3.12.1982, a copy whereof is annexed as Annexure-2 to the writ petition. Since the land of the petitioner-society was outside the limit of Ghaziabad Development Authority and the NOIDA authority, the development of the area was to be taken with the approval of District Magistrate, Ghaziabad. THE District Magistrate, Ghaziabad, after observing that the petitioners have completed all the formalities, entered into a registered agreement with the petitioner-society on 6.5.1983 and thereby permitting the development of land in accordance with lay out plan, a copy of which is annexed as Annexure-3 to the writ petition. THE petitioner-society has undertaken development of land, as stated above, and, according to the petitioner, has spent more than 65 lacs on roads and other internal and external developments. THE petitioner has further submitted that in the year 1989 an area of about 748 acres of land in village Nagli Wajidpur was notified under the provisions of Land Acquisition Act by notification dated 11.7.1989. In the aforesaid notification the land belonging to petitioner-society measuring 92.19.04 pucca bighas was also notified. In view of the aforesaid notification dated 11.7.1989 the petitioner-society was given a notice with the direction not to carry out any development activity in and around the area notified under Section 4 of the Land Acquisition Act. It further says that the development already carried out by the petitioner and its members are illegal and the petitioner was directed to remove all those constructions. The notice dated 21.9.1994 itself clearly demonstrates that the petitioner's contention that they have already developed the land and the land was under the process of development as per sanction of the District Magistrate. The petitioner-society submitted reply dated 23.9.1994 to the aforesaid notice. The petitioner-society had also challenged the order dated 21.9.1994 before this Court by means of Writ Petition No. 32957 of 1994 which was ultimately dismissed by a Division Bench on 1.7.1997 with the direction. The petitioner - society thereafter approached respondent No. 2 with a request either to permit the petitioner to develop residential sites or to allot a suitable developed plot. When there was no response from the respondents of the request of the petitioner, the petitioner under wrong legal advise filed an application No. M.R.T.P. 251 of 1997 before M.R.T.P. Commission, New Delhi which, however, was dismissed as not maintainable on account of the fact that M.R.T.P. New Delhi was not the proper forum for the issues raised by the petitioner-society. A copy of the order of M.R.T.P. Commission dated 21.9.2000 is annexed as Annexure-8 to the writ petition, which is reproduced below : "It is submitted by the learned counsel for the respondents that the total land measuring 748 acres is acquired and notified as industrial development area by the Government of Uttar Pradesh under the Uttar Pradesh Industrial Area Development Act, 1976 for which the provision of the said Act is attracted. This being so, in our opinion, no case for enquiry is made out against the respondents and the present R.T.P.E. 251/97 is accordingly dismissed. Notice of enquiry and other interlocutory orders passed earlier by this Commission stand discharged."
(3.) IN the meantime a news item was published on 24.7.1999 in the newspaper wherein it is notified for public in general that NOIDA authority has desired to settle down various disputes pending before various authorities. IN view of the aforesaid public notice the petitioner approached NOIDA authority vide representation dated 28.7.1999 with a request to settle the dispute outside the Court by either allowing the petitioner society to retain the present site or to allot a suitable alternative developed piece of land to enable petitioner society and its members to raise housing colony for their residence. The matter remained pending with NOIDA authority. IN the meantime another development authority came in existence in the year 1991 known as Greater NOIDA INdustrial Development Colony and this newly constituted authority has notified the land of different housing societies which were being developed by these Housing Cooperative Societies under the provision of Land Acquisition Act for acquiring these land for the same purpose, i.e., for planned development to provide housing site to the public. The names of such societies have been mentioned in paragraph 21 of the writ petition, namely, Jai Santoshi Sahkari Avas Samiti Limited, Alaknanda Sahkari Avas Samiti, Pushpa Enclave Sahkari Avas Grah Nirman, Chitragupt Sahkari Avas Samiti. The petitioner further submitted that petitioner's activity for allotment and construction of houses for their members was already completed much prior to issuance of notification in the year 1989 and in the year 1991. In view of the recommendation of the committee known as 'Khodaiji Committee' the petitioners are entitled for allotment of either alternative site, or the land of the petitioner society may be extended a copy of the recommendation of Khodaiji Committee as acted upon by the authorities is annexed as Annexure-12 to the writ petition. The petitioner also relied upon a Government order dated 2.6.1998 which categorically states that if the land of Co-operative Housing Society has been purchased before coming into existence of the Government order of 1998 or if the society had duly transferred the land in favour of its members, the land may not be acquired and if it has already been acquired the same may be released. A copy of the Government order is annexed as Annexure-13 to the writ petition.;