A green bench headed by Justice Swatanter Kumar disposed of a petition filed by Mahendra Pandey, which had sought to restrain New Okhla Industrial Development Authority (NOIDA) and others from awarding the tender for the project on the grounds that it has no jurisdiction in the matter.
NOIDA had invited tenders for the development of a world- class Sports City and the last date for submission of the same was June 26.
"The Project Proponent to whom the tender is awarded, before he commences any part of the project, has to obtain requisite permissions, particularly the EC, from the competent authority... in accordance with law," the bench said. Pandey has alleged that the housing project was against the prescribed norms of Noida Master Plan-2031 and claimed Uttar Pradesh government and, in particular, the Noida Authority, had issued the scheme for the Sports City "without obtaining mandatory approval of its sub-regional plan (Draft Master Plan -2031) from the National Capital Region Planning Board (NCPRB)".
According to the petitioner, "as per NCRPB Act, 1985, no authority has the power to change the nature of the land and hence the change of land use of a part of the proposed Sports City (from Recreational Green to Residential) is against the law of the land."
The petition had also sought restriction on the respondent (NOIDA) from awarding the tender for the project and a direction to all concerned stakeholders to obtain Environmental Clearance before commencement of work.
The petition had alleged that "while drafting the proposed scheme of the Sports City, the Noida authority has favoured the builder lobby instead of taking care of the environment and thus the claim of the Noida authority to provide the world -class Sports City is nothing but an eyewash".