A bench of Chief Justice UU Lalit, Justice Indira Banerjee and Justice KM Joseph said Noida has agreed to remodel parts of Sector 43 and allot multi-storey flats to 844 persons. Each of those flats will be of 1800 square feet.
The bench said that Noida will fix the price of the apartment as per its policy and rules.
The court said, “The matter started in the 1990s and since then it has been pending in various courts. Three writ petitions and the first appeal are still pending before the High Court.
The bench said, “…In our view, the entire dispute can be settled on the ground that 844 members of the respondent society will be provided with an apartment of about 1800 square feet. Noida has said this in its affidavit on the order of the court passed on August 23, 2021.
The court said that this would not only put an end to the long-standing legal dispute, but also 844 people would get houses.
The bench took note of the contention of the Central Employees’ Co-operative Housing Society that the claim is limited to 977 members. In this, 133 people sold it without the necessary approval from Noida. According to Noida, these people cannot make any claim.
The court asked Noida to look into the claims of 133 people.
The top court issued the order on the appeal filed by Noida on the interim order of the Allahabad High Court. The High Court had given the interim order on the writ petition of the Group Housing Society. The order issued during the sealing proceedings was challenged in the writ petitions. It was said that the society has additional land which belongs to the state.
Some land was taken by the housing society from individual land owners, but according to the authority, the transfer of land in favor of the society was illegal. The authority had contended that such transfers were in violation of the provisions of the Uttar Pradesh Zamindari Abolition and Land Reforms Act, 1950 and hence came under the state government. The second is the Ceiling Act, under which more than 12.5 acres of land will belong to the state government.
The housing society on the other hand opposed it. They argued that whenever Noida acquires the land of a co-operative society as per the recommendations of a committee constituted by the concerned authority, 40 per cent of the acquired land would be allotted to the members of the society concerned in the form of plots.
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