The Supreme Court on 30.7.2012 in the matter of NOIDA:
UPON hearing counsel the Court made the following
O R D E R
I.A. NO. 9 IN C.A. NO. 10535 OF 2011
This interlocutory application has been filed bringing out
certain objections to the Scheme floated by the NOIDA in furtherance
of this Court's earlier Order.
Having heard the learned counsel appearing for the parties and
in continuation of our previous order, we pass the following
directions:
1. The earnest money to be deposited under the Scheme
shall be 15% of the bid price. Remaining terms and
conditions in that regard shall remain in force as
per the brochure issued by the NOIDA.
2. The limitation of Rs.50 lakhs annual turnover
shall not be pressed by the NOIDA. However, it may
ask for any documents such as no dues certification
and issuance of certain other kind of certificates by
the competent authorities like Health Department or
Municipal Corporation, as the case may be, to show
that during which period, the nursing home was run in
the residential area.
3. The Scheme shall be operative and applicable to all
the persons whose nursing homes, being run in the
residential area, have been closed by the NOIDA in
furtherance of this Court's order and they shall form
a class by themselves.
4. The persons who have been allotted lands by the
NOIDA previously under any Scheme, would not be
eligible to the benefit of the special Scheme floated
by the NOIDA in furtherance of the order of this
Court.
We also make it clear that the NOIDA is given liberty to impose
certain other conditions on the beneficiaries of the special Scheme,
restricting them not to rent out or sell the property, at least for a
period of ten years from the date of allotment or any other period
which may be considered appropriate by the NOIDA.
We further make it clear that we will not interfere in the
pricing fixed by the NOIDA.
The interlocutory application is disposed of accordingly.
I.A.NOs. 42-43 IN C.A. NO. 6962 OF 2005
The Allahabad Bank shall approach the Authority and the
Authority is directed to allot the plot for which the applicant had
bid in the auction. We are sure that this issue will not be brought
before the Court again.
We make it clear that no customary or other activity, which is
commercial in nature, has been permitted in the residential area by
our judgment.
The NOIDA is given liberty to take appropriate steps to ensure
that no commercial activity is taking place in the residential areas.
The interlocutory applications are disposed of accordingly.
All the interlocutory applications filed by parties shall stand
refused.
I.A. NO. 54 IN C.A. NO. 6962 OF 2005
The applicant is given liberty to move the NOIDA.
The interlocutory application is disposed of.
