GREATER NOIDA INDUSTRIAL DEVELOPMENT AUTHORITY Vs. DEVENDRA KUMAR
LAWS(SC)-2011-7-21
SUPREME COURT OF INDIA (FROM: ALLAHABAD)
Decided on
July 06,2011
GREATER NOIDA INDUSTRIAL DEVELOPMENT AUTHORITY
Appellant
VERSUS
DEVENDRA KUMAR
Respondents
Referred Judgements :-
M C MEHTA VS. KAMAL NATH [REFERRED TO]PADMASUNDARA RAO DEAD VS. STATE OF TAMIL NADU [REFERRED TO]
FOMENTO RESORTS AND HOTELS VS. MINGUEL MARTINS [REFERRED TO]
ANAND SINGH VS. STATE OF UTTAR PRADESH [REFERRED TO]
RADHEY SHYAM VS. STATE OF U P [REFERRED TO]
Cited Judgements :-
RAM SINGH VS. STATE OF U P [LAWS(ALL)-2012-3-3] [REFERRED TO]MAHESH VS. STATE OF U.P. [LAWS(ALL)-2020-4-31] [REFERRED TO]
SHYAMAL SIRCAR AND OTHERS VS. THE STATE OF WEST BENGAL AND OTHERS [LAWS(CAL)-2015-8-167] [REFERRED TO]
MADAN MALJI KAMBLI VS. STATE OF GOA THROUGH ITS CHIEF SECRETARY [LAWS(BOM)-2012-5-39] [REFERRED TO]
RAMESH CHANDRA SHARMA VS. STATE OF UTTAR PRADESH [LAWS(SC)-2023-2-72] [REFERRED TO]
RELIANCE POWER LTD. VS. BABU SINGH [LAWS(SC)-2014-9-54] [REFERRED TO]
SAMEER DALMIA VS. STATE OF PUNJAB AND OTHERS [LAWS(P&H)-2019-12-182] [REFERRED TO]
RAMESH CHANDRA SHARMA VS. STATE OF U.P. [LAWS(ALL)-2017-7-100] [REFERRED TO]
AMIT JAIN AND OTHERS VS. STATE OF U.P. AND OTHERS [LAWS(ALL)-2017-11-428] [REFERRED TO]
GOVIND PRASAD SHUKLA VS. STATE OF U.P. [LAWS(ALL)-2014-1-32] [REFERRED TO]
RAJENDRA VS. STATE OF U P [LAWS(ALL)-2011-8-33] [REFERRED TO]
FUKAN RABHA VS. STATE OF ASSAM [LAWS(GAU)-2012-9-50] [REFERRED TO]
ELIZABETH GEORGE, W/O.GEROGE VARGHESE VS. DEPUTY CHIEF ENGINEER [LAWS(KER)-2013-7-176] [REFERRED TO]
HARYANA URBAN DEVELOPMENT AUTHORITY VS. ABHISHEK GUPTA [LAWS(SC)-2024-10-40] [REFERRED TO]
SANJAY KHANNA VS. UNION OF INDIA [LAWS(DLH)-2013-9-270] [REFERRED TO]
CHAMMA AGARWAL VS. STATE OF U.P. [LAWS(ALL)-2019-8-340] [REFERRED TO]
STATE OF HARYANA VS. DEVANDER SAGAR [LAWS(SC)-2015-9-20] [REFERRED TO]
BHARAT S/O MAGANBHAI KHETA VS. NAGPUR IMPROVEMENT TRUST [LAWS(BOM)-2016-6-145] [REFERRED TO]
S. HONNAMMA VS. STATE OF KARNATAKA [LAWS(KAR)-2023-2-166] [REFERRED TO]
SACHALABALA SETHY VS. CHIEF SECRETARY [LAWS(ORI)-2014-5-19] [REFERRED TO]
DALBIR SINGH LOCHAB VS. STATE OF HARYANA [LAWS(P&H)-2013-4-105] [REFERRED TO]
PARAS NATH PANDEY VS. STATE OF U.P. [LAWS(ALL)-2019-8-290] [REFERRED TO]
BUNDA VS. STATE OF U P [LAWS(ALL)-2012-5-159] [REFERRED TO]
SMT. SAVITRI MOHAN VS. STATE OF U.P. [LAWS(ALL)-2012-5-332] [REFERRED TO]
VASUDEV KANCHANLAL PANDYA VS. STATE OF GUJARAT [LAWS(GJH)-2017-6-355] [REFERRED TO]
K R CHANDRASEKARAN VS. UNION OF INDIA [LAWS(MAD)-2012-4-84] [REFERRED TO]
MADURAI BAR ASSOCIATION VS. STATE OF TAMIL NADU [LAWS(MAD)-2014-4-212] [REFERRED TO]
KALYAN NAGAR CO-OPERATIVE HOUSING SOCIETY VS. STATE OF TELANGANA [LAWS(TLNG)-2021-6-90] [REFERRED TO]
HARVEER VS. STATE OF U. P. [LAWS(ALL)-2023-5-211] [REFERRED TO]
SUNDARAM DEVELOPERS PVT. LTD. VS. STATE OF U.P. [LAWS(ALL)-2024-2-42] [REFERRED TO]
BHAWARLAL SHANKARLAL SARDA VS. STATE OF MAHARASHTRA [LAWS(BOM)-2014-1-144] [REFERRED TO]
THIRUMALAMMA VS. PRINCIPAL SECRETARY GOVERNMENT [LAWS(KAR)-2013-1-33] [REFERRED TO]
PARAMASHIVAIAH VS. SECRETARY TO GOVERNMENT OF KARNATAKA [LAWS(KAR)-2012-8-243] [REFERRED TO]
GAJRAJ AND ORS. VS. STATE OF U.P. AND ORS. [LAWS(ALL)-2011-7-412] [REFERRED TO]
SHYAMAL SIRCAR & ORS VS. STATE OF WEST BENGAL & ORS [LAWS(CAL)-2018-4-33] [REFERRED TO]
SANT SINGH VS. STATE OF HARYANA [LAWS(P&H)-2013-12-119] [REFERRED TO]
ROMESH CHANDER VS. UNION TERRITORY OF J&K [LAWS(J&K)-2023-6-13] [REFERRED TO]
TAKHAT PURI THOROUGH HIS LRS VS. STATE OF RAJASTHAN [LAWS(RAJ)-2014-3-73] [REFERRED TO]
YOGESH SHIVLALBHAI THUMAR VS. STATE OF GUJARAT [LAWS(GJH)-2022-10-245] [REFERRED TO]
RAM PRASTHA ISPAT VS. STATE OF U P [LAWS(ALL)-2011-12-33] [REFERRED TO]
SHANKAR DAS AND OTHERS VS. STATE OF HIMACHAL PRADESH AND CONNECTED MATTER [LAWS(HPH)-2013-3-94] [REFERRED TO]
UDDAR GAGAN PROPERTIES LTD VS. SANT SINGH & ORS [LAWS(SC)-2016-5-26] [REFERRED TO]
GREATER NOIDA IND. DEV. AUTHORITY VS. SAVITRI MOHAN [LAWS(SC)-2016-6-30] [REFERRED TO]
RAMESHWAR & OTHERS VS. STATE OF HARYANA & OTHERS [LAWS(SC)-2018-3-31] [REFERRED TO]
JUDGEMENT
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(1.)The applications filed by the non-official Petitioners for permission to file the special leave petitions are allowed.
(2.)Delay condoned.
(3.)Whether the acquisition of 156.903 hectares land of Village Shahberi, Pargana Dadri, District Gautam Budh Nagar by the Government of Uttar Pradesh in the name of planned industrial development in District Gautam Budh Nagar through the Greater Noida Industrial Development Authority (for short, "the Authority") and subsequent allotment of major portion of the acquired land (over 90 hectares) to the builders including M/s. Supertech Ltd., M/s. Amrapali Smart City Pvt. Ltd., M/s. Panchsheel Buildtech Pvt. Ltd., M/s. SJP Infracon Ltd., M/s. Mahagun India Pvt. Ltd. and M/s. Gulshan Developers amounts to colourable exercise of power vested in the State Government under the Land Acquisition Act, 1894 (for short, "the 1894 Act") read with the Uttar Pradesh Industrial Area Development Act, 1976 (for short, "the 1976 Act") and the New Okhla Industrial Development Area (Preparation and Finalisation of Plan) Regulations, 1991 (for short, "the Regulations") is the main question which arises for consideration in these petitions filed for setting aside order dated 12.5.2011 passed by the Division Bench of the Allahabad High Court in CMWP No. 500 of 2010 and batch.
(2.)Delay condoned.
(3.)Whether the acquisition of 156.903 hectares land of Village Shahberi, Pargana Dadri, District Gautam Budh Nagar by the Government of Uttar Pradesh in the name of planned industrial development in District Gautam Budh Nagar through the Greater Noida Industrial Development Authority (for short, "the Authority") and subsequent allotment of major portion of the acquired land (over 90 hectares) to the builders including M/s. Supertech Ltd., M/s. Amrapali Smart City Pvt. Ltd., M/s. Panchsheel Buildtech Pvt. Ltd., M/s. SJP Infracon Ltd., M/s. Mahagun India Pvt. Ltd. and M/s. Gulshan Developers amounts to colourable exercise of power vested in the State Government under the Land Acquisition Act, 1894 (for short, "the 1894 Act") read with the Uttar Pradesh Industrial Area Development Act, 1976 (for short, "the 1976 Act") and the New Okhla Industrial Development Area (Preparation and Finalisation of Plan) Regulations, 1991 (for short, "the Regulations") is the main question which arises for consideration in these petitions filed for setting aside order dated 12.5.2011 passed by the Division Bench of the Allahabad High Court in CMWP No. 500 of 2010 and batch.
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