KENDRIYA KARAMCHARI SAHKARI GRIH NIRMAN SAMITI LTD. & ANR. versus NEW OKHLA INDUSTRIAL DEVELOPMENT AUTHORITY & ORS.

KENDRIYA KARAMCHARI SAHKARI GRIH NIRMAN SAMITI LTD. & ANR. versus NEW OKHLA INDUSTRIAL DEVELOPMENT AUTHORITY & ORS.

The government orders restricting acquisition of society lands are directory, not mandatory; NOIDA has valid statutory authority to refuse permission for development based on the planned development of industrial and urban township; alteration in master plan is within NOIDA's powers and does not constitute arbitrary or hostile discrimination; government retains power to acquire land for public purposes under the Land Acquisition Act.

Parties
Petitioner: Kendriya Karamchari Sahkari Grih Nirman Samiti Ltd.; Respondent: New Okhla Industrial Development Authority
Jurisdiction
India
Judgment Date
28 October 1987
Procedural Posture
Civil Appeal by Special Leave and Writ Petition Under Article 32 / Judgment
Outcome
appeal and writ petition dismissed with costs
Legal Topics
Acquisition of Land by Development Authorities, Government Orders as Administrative Instructions, Planned Urban Development, Refusal of Development Permission, Modification of Master Plan, Application of Statutory Provisions to Development Authorities
Property Law Administrative Law Land Acquisition Urban Development Acquisition of Land by Development Authorities Government Orders as Administrative Instructions Planned Urban Development Refusal of Development Permission +2 more

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Parties

Kendriya Karamchari Sahkari Grih Nirman Samiti Ltd.

Petitioner

New Okhla Industrial Development Authority

Respondent

Procedural Posture

Civil Appeal by Special Leave and Writ Petition Under Article 32 / Judgment

Legal Issues

  1. 1 Whether refusal of permission to develop land of the petitioner society was valid
  2. 2 Whether government orders restricting acquisition of society lands are mandatory or directory
  3. 3 Whether alteration of the master plan amounts to arbitrary or hostile discrimination against the petitioner society

Ratio Decidendi

The government orders restricting acquisition of society lands are directory, not mandatory; NOIDA has valid statutory authority to refuse permission for development based on the planned development of industrial and urban township; alteration in master plan is within NOIDA's powers and does not constitute arbitrary or hostile discrimination; government retains power to acquire land for public purposes under the Land Acquisition Act.

Court Disposition

appeal and writ petition dismissed with costs

Orders

  • Appeal and writ petition dismissed
  • No relief to petitioners; costs awarded