The Supreme Court has directed the issuance of notice to Uttar Pradesh's former chief secretary Neera Yadav, her two daughters and former Samajwadi Party leader Amar Singh as to why residential plots allotted to them in Noida should not be cancelled.
Describing the allotment of alternative plots to Neera Yadav, her daughters Suruchi Yadav and Sanskriti Yadav, Amar Singh and Rajiv Sharma as arbitrary, a bench of Justice G.S.Singhvi and Justice V.Gopala Gowda said that notice be issued to all for the cancellation of plot allotted to them.
"We direct that notices be issued to all the persons to show cause as to why allotments/alternative allotments made in their favour may not be quashed. The notices are made returnable in 10 weeks. The same be served upon all the persons through chief executive officer, Noida," said the order pronounced by Justice Singhvi on Wednesday.
"The persons to whom notices are served may file their reply affidavits within next six weeks and the case be listed before the court after 16 weeks," said the order made available Thursday.
The order noted that the "arbitrary character" of the action taken by Noida is demonstrated by the fact that it offered an alternative plot to an allottee even though they did not want one.
Pointing to UP Industrial Area Development Act, 1976 for planned development of industrial and residential areas in the State, the court said: "The 1976 Act and the rules framed thereunder do not postulate conversion of plot allotted in one category to the other.
However, the court said that what was "most surprising" that Suruchi Yadav was allotted 450 sq. metres plot No. B-88/51 "but the same was converted into plot No.A-32/44 apparently because the land in Sector-44 was more costly".
Similarly, Sanskriti Yadav was allotted plot No.B-73/44 under Scheme 1994(II) and "within 2 months and 12 days, the same was converted into plot No.A-33/44".
Neera Yadav was given an alternate plot in prestigious Sector 14A just a day after she was allotted a 450 square metres plot in Sector 32 of NOIDA.
In the case of Flex Industries, the court said that the Central Bureau of Investigation had found that "the allotment was an end product of conspiracy."
Flex Industries Ltd. was allotted land in Group Housing Sectors-11 and 51 and another plot was allotted to Amar Singh in the name of Flex Industries Ltd. The original allotment was of plot No.B-126, Sector-44 and it was converted into plot No.C-218, Sector-44, and the court's order read.
The court's order came on a 1997 petition by NOIDA Entrepreneurs Association which was subsequently converted into PIL. The PIL had contended that the "very object of creating NOIDA has been defeated because of major land scandals and prayed that a thorough probe be ordered into the allotment of land and plots and the abuse of power by the functionaries of NOIDA".
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