3 days ago
SC stays contempt plea against Noida CEO in 2011 housing case
Noida: The
Supreme Court
has stayed contempt proceedings against Noida Authority CEO Lokesh M for alleged non-compliance with an Allahabad HC order over the sanction of building plans for developing a group housing society on a plot in Sector 45 in a decade-old case.
The court has directed the CEO and the petitioners to explore an amicable solution.
The contempt petition, filed against the CEO in the Lucknow bench of Allahabad High Court in April, stated that despite a high court order, dated Nov 22, 2024, directing the Authority to reconsider the building plan application submitted by the petitioners under the Building Regulations, 2010, the map was rejected on technical grounds on Dec 24 that year.
The case dates to 2011, when petitioner Kapil Misra and another person, received a plot at Sadarpur in Sector 45 through an exchange deed. According to the petitioners, the state govt initiated the process to acquire their 10,870 sqm plot at Rohillapur village in Sector 132 in 2006 for development. The acquisition process was quashed in 2009 after the two had challenged it in court. The petitioners had again approached the court as Noida Authority did not return their plot.
Subsequently, Noida Authority allotted them a plot in Sadarpur in 2011 following the court's direction.
In April 2021, the petitioners sought permission to develop group housing on the Sector 45 land. However, the Authority did not give approval. Misra filed a writ petition in 2022, and the Allahabad HC directed the Authority to decide on his application within 45 days. When this order was not followed, Misra filed a contempt petition.
In response, the Authority rejected their application in Sept 2023, citing non-compliance with the Building Regulations that require a lease deed for such approvals.
A revision petition filed with the state govt was dismissed last April.
The petitioners maintained that an exchange deed constituted a valid transfer document under the law, granting them full property rights, including construction. They claimed the Authority's interpretation of the regulations was overly restrictive and violated their constitutional rights under Article 300A.
In rejecting Kapil Misra's building plan application, the Noida Authority cited three main reasons. First, the land was originally acquired by Noida Authority and was allotted for specific purposes as per the lease deed; building plans could only be approved under the 2010 Building by-laws if all required documents were submitted. Second, building permission was granted only after a lease deed was executed, confirming the applicant is an authorised allottee.
Third, Misra submitted a deed of exchange instead of a lease deed, which was not a valid document under the 2010 regulations, rendering his application incomplete and ineligible for approval.
The high court found these reasons insufficient. On Nov 22, 2024, justice Alok Mathur of the Allahabad HC's Lucknow bench held that the exchange deed was a valid transfer under the Transfer of Property Act and the UP Industrial Area Development Act, 1976.
"We find no reason for the Authority not to consider the petitioners' application for building plan sanction. The reasons for rejection are clearly illegal and arbitrary," the court observed.
It ordered the Authority to pass a fresh decision within four weeks of receiving the certified copy of the order.
On Dec 24 last year, Noida Authority once again rejected the building plan application, citing technical grounds. This prompted Misra to file a contempt application against the CEO in April 2025.
On May 28, the SC bench observed the matter warranted "an amicable resolution" and granted two months for discussions. The Supreme Court stayed further contempt proceedings and listed the matter for hearing on July 29.
