Supreme Court of India · 2010-09-10
N.O.I.D.A. vs ARMY WELFARE HOUSING ORGANISATION .
- Citation / case number
- SC 2005/1298
- Court
- Supreme Court of India
- Petitioner
- N.O.I.D.A.
- Respondent
- ARMY WELFARE HOUSING ORGANISATION .
- Author
- DALVEER BHANDARI,HARJIT SINGH BEDI, , ,
- Bench
- DALVEER BHANDARI,HARJIT SINGH BEDI, , ,
Judgment text excerpt
The Supreme Court upheld the Allahabad High Court's decision quashing NOIDA's letters requiring individual members of housing societies to execute tripartite deeds for super-structures built on land allotted to them. The Court ruled that the societies, as lessees, could not be compelled to purchase what they already owned, emphasizing that NOIDA's actions lacked statutory authority under Section 54 of the Transfer of Property Act, 1882. The Court affirmed that the dispute was not maintainable under Article 226 as it pertained to contractual terms.