Supreme Court of India · 2010-09-10
N.O.I.D.A vs Army Welfare Housing Organisation & Ors
- Court
- Supreme Court of India
- Petitioner
- N.O.I.D.A
- Respondent
- Army Welfare Housing Organisation & Ors
- Author
- Harjit Singh Bedi
- Bench
- Harjit Singh Bedi, Dalveer Bhandari
Judgment text excerpt
The Supreme Court upheld the Allahabad High Court's decision to quash the notices issued by NOIDA, stating that the individual members of the Housing Societies could not be compelled to execute tripartite deeds for the sale of super-structures they already owned. The Court emphasized that such actions lacked statutory authority under the Uttar Pradesh Industrial Development Act, 1976, and did not constitute a sale under Section 54 of the Transfer of Property Act, 1882. The Court held that the writ petition was maintainable under Article 226, as the dispute pertained to the rights of the members over the super-structures.