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september 2010

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.

N.O.I.D.A. vs ARMY WELFARE HOUSING ORGANISATION . · Niyam