eLegalix - Allahabad High Court Judgment Information System ...

More documents

Recommendations

Info

JUDGMENT/ORDER IN - WRIT - C No. 37443 of 2011 at Allahabad Dated-21.10....http://elegalix.allahabadhighcourt.in/elegalix/WebShowJudgment.doPage 128 of 19710/21/201127/5/2009-State Government forwarded the letter of the Board dated 13/5/2009, to the Chief Executive Officer,Greater Noida for compliance.16/6/2009-The State Government wrote to the Board forwarding letter dated 21/5/2009 of the Greater NoidaAuthority for examining the amendments passed in 76th meeting and to include in the Master Plan 2021.25/6/2009-Board again wrote to the Greater Noida to submit all details with regard to change of land use as takenin the 76th Board meeting along with all details necessity of change of land use to the Board.29/12/2009-Meeting of the Planning Committee was held in which the draft master plan for Greater Noida 2021and following conclusion was recorded by the Board. "After detailed deliberation, it was decided that theCommissioner, NCR Cell, U.P. will interact with the Greater Noida Authority and ensure that the observations ofthe Planning Committee are incorporated in the draft master plan for Greater Noida Phase-I and Phase-II beforesubmitting the master Plan to the NCR Planning Board for consideration".06/8/2010-The Divisional Commissioner NCR Planning Board and Monitoring Cell as well as the Chief ExecutiveOfficer of the Greater Noida Industrial Development were requested to submit status preparation of draft masterplan for Greater Noida-2021 and incorporation of the observations of the Planning Committee may be intimated tothe NCR Planning board.26/5/2011-The State Government wrote to Chief Co-ordinate Planner NCR Planning Board, Ghaziabadforwarding the letter dated 08/4/2011, to incorporate the proposed amendment in the Master Plan 2021 whichmay be included in the Master Plan of the Greater Noida-2021.09/6/2011-The Board wrote to the State Government referring to its earlier letter dated 11/8/2010, to take furthersteps towards incorporation of observations of Board dated 04/9/2006.17/6/2011-The State Government wrote to Greater Noida to take appropriate action as per letter dated 09/6/2011of N.C.R.P. Board.From the aforesaid facts, as is revealed from the original records submitted by the Authority it is clear that thedraft Master Plan 2021 of the Greater Noida has not yet received clearance from the board.We, however, are constraint to observe that in spite of our order to the Authority passed on 14/9/2011, to fileaffidavit giving details pertaining to NCRPB Act, 1985, in the Supplementary Affidavit dated 20/9/2011, all abovementioned facts were concealed from the Court which the original records have revealed. The issue pertaining tocompliance of NCRPB Act, 1985 being germane and relevant, the Noida Authority was obliged to place allrelevant facts before the Court. Concealment of facts by the Authority is with the intent and object to cover itslapses and to conceal the fact that its Master Plan 2021 has not yet been cleared by N.C.R.P. Board. In thecounter affidavit the Authority has come up with the case that according to Master Plan 2021, it has carried outdevelopments. Petitioners have also stated in their affidavit and pleadings that the authority has made allotmentto various builders after effecting land use changes. The magnitude to which the land use which was earlierproposed in the Master Plan 2021 and has been changed by the Authority subsequent to the approval of the saidMaster Plan by the Authority is clearly depicted in the letter dated 30/3/2010 of the State Government by whichthe State Government has accorded approval to the change of land use as prayed for by the Authority.Letter dated 30/3/2010, has not been brought on record by the Authority but has been brought on record in theintervention application filed on behalf of the Developers Association. A perusal of the said letter indicates that900 Hectares of land which was earlier marked as industrial was changed and out of 900 Hectares of land 608.94Hectares of land has been converted for residential purposes, the various land uses which were forrecreation/green area were also changed. The issue is not that the Authority cannot recommend any change in itsproposed Master Plan or its land use , but the question is as to whether the said change in land use is inaccordance with the regional Plan and Functional plan of the Board which issue is to be examined by the Boardand unless the Board gives clearance and approves such changes, the Authority cannot proceed with thedevelopment of land or allotment of land to various private persons and companies.In the present case, although the draft Master Plan-2021 prepared by Greater Noida Authority is yet to be clearedby the Board, but the Authority is proceeding to carry on development including allotments and creating 3rd Partyrights which is nothing but a brazen act of the Authority in complete violation of the provisions of the NCRPB Act,1985.
JUDGMENT/ORDER IN - WRIT - C No. 37443 of 2011 at Allahabad Dated-21.10....http://elegalix.allahabadhighcourt.in/elegalix/WebShowJudgment.doPage 129 of 19710/21/2011The sequence of events suggests that the Authority is not acting bonafide and has been acting to achieve certainulterior motives and objects which are not far to seek.We have already noticed that the Division Bench of this Court in Ravindra Singh's case (supra) has alreadydirected the State Government to appoint an Officer of the rank of Secretary to the Government to inquire andensure conforming uses of the National Capital Region and they are given their due sanctity.There does not appear to have any serious deliberation at the State Level to find out whether the changes in theland uses as proposed by the Authority are in conformity with the NCRPB Act, 1985.The State as well as the Authority and interveners have made much emphasis on the submission that the changeof land use was subsequent to acquisition, the allotment to various private parties/companies were much afteracquisition which shall have no effect on the acquisition of land and the relevant time is the date of issue ofnotification under Section Section 4 read with Sections 17(1) and 17(4) and Section 6 of the Act, 1894. We are ofthe view that since the allegations of the petitioners are that the Authority is proceeding with the land acquisitionmalafide without their being any genuine urgency or need for land and there is colourable exercise of power, thesaid facts even though are subsequent to the land acquisition notifications under Sections 4 and 6 are relevant.Thus the submission of the respondents that subsequent events have no bearing has to be rejected.The Apex Court in a recent judgment in Devender Kumar Tyagi & Ors. Vs. State of U.P. & Ors, 2011 (8) ADJ 173,had an occasion to consider the provisions of the NCRPB Act, 1985 in context of Land Acquisition.In the aforesaid case, notification issued under Sections 4 and 6 of the Act, were challenged by the land ownersand one of the ground taken was that the land which was acquired for planned development of the Leather CityProject did not have approval of the Board under Section 19, hence the acquisition was liable to be struck downon the said ground also.In the said case the the Board has issued draft Sub-Regional Plan whereas the leather city project was notmentioned. The Authority in that case made several request to the Board to include the leather city project, but noreply was given approving the request. In the said context the acquisition was held to be vitiated. Paragraphs 20and 23 are relevant which are quoted below:"20. Admittedly, the Respondents had not obtained the approval of the NCRPB for construction of the LeatherCity Project as Sub-regional plan in terms of Section 19(2) of the NCRPB Act. The purpose or aim of the NCRPBAct is to provide for co-ordinated, harmonized and common plan development of the National Capital Region atthe central level in order to avoid haphazard development of infrastructure and land uses in the said region, whichincludes the district of Ghaziabad in the Uttar Pradesh. Under this Act, the NCRPB has been constituted with theUnion Minister for Urban Development as the Chairperson and the Chief Ministers of Haryana, Rajasthan andUttar Pradesh and Lt. Governor of Delhi as its members in order to undertake the task of development of theNational Capital Region. The object of the NCRPB is to prepare, modify, revise and review a regional andfunctional plan for the development of said region and, further, to co-ordinate and monitor its implementation.Section 19(1) mandates the State government or Union Territory to submit their sub-regional plan to the NCRPBfor examination in order to ensure that it is in conformity with the regional plan. Once the NCRPB affirms theconformity of the said plan with regional plan, only then the State government can finalize it. Thereafter, the StateGovernment is entitled to implement the Sub-regional plan by virtue of Section 20 of the NCRPB Act. In M.C.Mehta v. Union of India : (2004) 6 SCC 588, this Court has discussed the purpose and overriding effect of theNRCPB Act thus:27. The National Capital Region Planning Board Act, 1985 (for short "the NCR Act") was enacted to provide forthe constitution of a Planning Board for the preparation of a plan for the development of the National CapitalRegion and for coordinating and monitoring the implementation of such plan and for evolving harmonised policiesfor the control of land uses and development of infrastructure in the National Capital Region so as to avoid anyhaphazard development of that region and for matters connected therewith or incidental thereto. The areas withinthe National Capital Region are specified in the Schedule to the NCR Act. The National Capital Region comprisesthe area of entire Delhi, certain districts of Haryana, Uttar Pradesh and Rajasthan as provided in the Schedule."Regional plan" as provided in Section 2(j) means the plan prepared under the NCR Act for development of theNational Capital Region and for the control of land uses and the development of infrastructure in the NationalCapital Region. What the regional plan shall contain is provided in Section 10. Section 10(2) provides that theregional plan shall indicate the manner in which the land in the National Capital Region shall be used, whether bycarrying out development thereon or by conservation or otherwise, and such other matters as are likely to haveany important influence on the development of the National Capital Region....
Page 1 and 2:
JUDGMENT/ORDER IN - WRIT - C No. 37
Page 3 and 4:
Page 5 and 6:
Page 7 and 8:
Page 9 and 10:
Page 11 and 12:
Page 13 and 14:
Page 15 and 16:
Page 17 and 18:
Page 19 and 20:
Page 21 and 22:
Page 23 and 24:
Page 25 and 26:
Page 27 and 28:
Page 29 and 30:
Page 31 and 32:
Page 33 and 34:
Page 35 and 36:
Page 37 and 38:
Page 39 and 40:
Page 41 and 42:
Page 43 and 44:
Page 46 and 47:
Page 48 and 49:
Page 50 and 51:
Page 52 and 53:
Page 54 and 55:
Page 56 and 57:
Page 58 and 59:
Page 60 and 61:
Page 62 and 63:
Page 64 and 65:
Page 66 and 67:
Page 68 and 69:
Page 70 and 71:
Page 72 and 73:
Page 74 and 75:
Page 76 and 77:
Page 78 and 79: JUDGMENT/ORDER IN - WRIT - C No. 37
Page 178 and 179:
Page 180 and 181:
Page 182 and 183:
Page 184 and 185:
Page 186 and 187:
Page 188 and 189:
Page 190 and 191:
Page 192 and 193:
Page 194 and 195:
Page 196 and 197:
show all

eLegalix - Allahabad High Court Judgment Information System ...

You also want an ePaper? Increase the reach of your titles

Delete template?

Save as template?