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2003 (3) TMI 779 - SC - Indian Laws

Issues:
1. Disputes arising from the development of Noida lands and allotment policy.
2. Accommodation of 242 members of the Society.
3. Disputes regarding the availability of plots in Sectors 40, 41, and 42.
4. Allegations of filing a false affidavit before the court.

Analysis:
1. The judgment addresses disputes arising from the development of Noida lands and the allotment policy formulated by the State Government. A Writ Petition filed in the Allahabad High Court led to a Civil Appeal in the Supreme Court. Directions were issued in 1990 for allotments to be made in specific sectors at a set price per square meter. However, issues arose when 242 members could not be accommodated, leading to further court intervention.

2. The court emphasized the need to ensure residential accommodation for the remaining 242 members who faced financial constraints. The NOIDA authorities were directed to prepare a housing scheme for these members on surplus land, considering their financial capacity. The court highlighted the special circumstances and the obligation to provide accommodation to these members, urging a liberal view in resolving the matter.

3. Disputes regarding the availability of plots in Sectors 40, 41, and 42 emerged between the NOIDA authorities and the applicants. The NOIDA authorities claimed unavailability of plots in Sector 42, while the applicants insisted otherwise. The court directed NOIDA to verify and provide details on the allotments in Sector 42, especially concerning the Kendriya Karamchari Society, to resolve the issue.

4. Allegations of filing a false affidavit before the court were raised, leading to concerns of misleading the court and potential Contempt of Court. The court cited previous judgments on the seriousness of filing false affidavits and directed action against the individual responsible. Upon clarification that plots were indeed available in Sector 42, NOIDA authorities were instructed to comply with previous directions and develop a housing scheme for the 242 members within a specified timeline.

 

 

 

 

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