Allahabad High Court High Court

Shri N.P. Singh vs State Of U.P. And Others on 29 July, 2010

Allahabad High Court
Shri N.P. Singh vs State Of U.P. And Others on 29 July, 2010
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                                                                       A.F.R.
                                                                     Reserved

                Civil Misc. Writ Petition No. 36421 of 2009

                                      ****

                               Shri N.P. Singh
                                      Vs.
                             State of U.P. & Anr.

Appearance :

             For the Petitioner      : Shri N.P. Singh, in person

             For the Respondents : Shri Ravindra Kumar, Adv.
                                   Shri Ramendra Pratap Singh, Adv.

Hon'ble Ferdino I. Rebello, C.J.
Hon'ble A.P. Sahi, J.

(Delivered by : Justice Ferdino I. Rebello, C.J.)

Rule. By consent heard forthwith, as the pleadings are complete.

2. The petitioner, a practicing Advocate, resident of Noida, has

approached this Court by way of this petition and prayed that the petition

may be treated as a public interest litigation.

3. It is the petitioner’s case that the action of respondent no.2 in allowing

the private builders/individuals/corporates/private companies/limited

companies or their consortium to seek allotment of Group Housing Plots to

raise construction thereon and to sell to the general public at higher price for

their commercial gain, is contrary to the Scheme of the Act. The Authority

under the Act was constituted not to benefit the private builders to multiply

their income but to help the citizens to have their houses or flats at

affordable rates. The Authority was created under the provisions of the U.P.

Industrial Development Authority Act, 1976 (hereinafter referred to as the
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‘Act’), which provides for constitution of an Authority for development of

certain areas in the State into industrial and urban township and for matters

connected therewith. The respondent No.1 enjoys eminent domain over the

land falling in the notified area of Noida and acquired the same for public

purpose by following the procedure laid down under the Land Acquisition

Act, 1894. According to the petitioner, the respondents, in active connivance

with private builders, have allowed them to exploit the real estate market in

Noida by permitting the private builders to seek allotment of Group Housing

Plots for their commercial gain. The respondents, in order to help private

builders, are compromising/relaxing the building norms and development

norms as envisaged in the Master Plan of Noida – 2021 without any

authority and in contravention of Master Plan – 2021.

4. By the present petition, the petitioner is challenging the Scheme

known as ‘Scheme for Allotment of Group Housing Plots, Scheme Code GH

– 2009 (II)’, whereby the private builders have been permitted to bid for

large Group Housing Plots in Sectors 45, 121 and 137 by excluding others

from participating in the bid.

5. The Authority, in exercise of powers conferred by the Act, has made

Regulations for the purposes of proper planning and development of Noida,

known as the ‘New Okhla Industrial Development Area (Preparation and

Finalization of the Plan) Regulations, 1991 (hereinafter referred to as the

‘Regulations 1991’), which was notified in the Gazette of U.P. on

08.06.1991. Consequent to promulgation of Regulations 1991, the Authority

was entrusted with the duty to prepare a plan and for that, the Authority

employed a Committee of the School of Planning and Architecture, New
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Delhi to prepare the Master Plan of Noida – 2021, which has been prepared.

As per the development plan, according to the petitioner, the residential

sectors are to be developed in varying densities. There are various use zones

classified in seven categories, of which one is residential. The residential

zone has been classified into 4 use zones, which are:-

1. R1 – Low Density Residential upto 200 ppha.

2. R2 – Medium Density Residential above 200 upto 400

ppha.

3. R3 – High Density Residential above 400 ppha upto 600

ppha.

4. R4 – Special Development Area (SDA).

6. The petitioner has relied upon the report submitted by the Committee

of the School of Planning and Architecture, New Delhi. The Authority

prepared the Master Plan – 2021 for Noida, which was approved by the

Board in its meeting held on 18.02.2006. On promulgation of the Master

Plan – 2021, the development has to be in accordance with the approved

plan.

According to the petitioner, he does not have the details by which the

private builders have been made eligible to seek allotment of Group Housing

Plots in Noida, but if such a decision is taken, the same is illegal, unfair, a

misuse and abuse of the powers of the respondents and the public office. It is

a colourable exercise and fraud upon the public whose lands were acquired

in the guise of the public purpose but allotted to the private builders for

commercial gain at the cost of general public who are waiting to have their

houses or flats in Noida. The Authority or the State Government, it is
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averred, have no power to transfer the land acquired for public purpose to

the private builders to allow them to earn from the public fund. The

respondents with mala fide intention have misused their office and position

to allow the private builders to flourish at the cost of the public fund. The

report of the Authority at Agenda No.3 in one of its meeting, shows that

there are 17 Group Housing Plots for allotment in the development area. Out

of 17 plots, 8 were reserved for builders, 3 for societies, 2 for U.P.

Government officers Societies, 2 for industrial units/institutions and 2 for

senior citizens societies. The said report was presented before the Board for

approval and finalization of the policy of allotment, which was approved by

the Board in its 125th meeting held on 15.04.2005. As per Master Plan –

2021, the land use is residential, medium and high density. Apart from that,

it is averred that the Authority opened a scheme on 18.05.2006 for 13 Group

Housing Plots in Noida and invited tenders for allotment of plots in Sectors

93B, 110, 119, 121 and 134 to any firm, either proprietor or partnership,

company, either private or public limited/consortium of various categories.

As per Master Plan – 2021, in Sectors 93B and 121, the residential use zone

is high density and rest other sectors are medium density. The Authority, in

order to execute the development of the development area, has to function as

per the norms laid down in Master Plant 2021 and no power has been

conferred upon it to permit any violation of the same. The Authority has

allowed development contrary to the Master Plan 2021 and has

compromised with respect to land use or density to benefit the private

builders to earn maximum profit from the location as well as by allowing

excess F.A.R. The petitioner has, therefore, prayed for quashing the Scheme
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for private builders being ‘Scheme for Allotment of Group Housing Plots,

Scheme Code GH – 2009 (II)’ and for a writ, order or direction in the nature

of prohibition to prohibit the Authority from allotment of Group Housing

Plots to private builders/individuals/corporate/private companies/limited

companies or their consortium for development and sale in the development

area.

7. The Authority – respondent no.2 has filed a counter affidavit as also

supplementary affidavits.

It is contended that there is no law including the Act, which prohibits

allotment of Group Housing Plots to builders. The development of the area

by way of construction of buildings can either be carried out by the

Authority on their own or by allotment of plots to builders, societies etc. as

per the terms and conditions of a particular Scheme. It is a matter of policy.

Allotment of Group Housing Plots to builders and/or societies is an accepted

form of allotment practised throughout the country. According to

respondent no.2, even in the past, for several years, Group Housing Plots

have been allotted to the societies and builders and it is not for the first time

that Group Housing Plots have been allotted to private builders.

8. Preliminary objections have also been raised on the ground that the

petition suffers from latches, as the Scheme was open from 4th June, 2009 to

25th June, 2009. The technical bids were opened on 25th June, 2009 and

thereafter the financial bids were opened on 29th June, 2009. Allotment

letters in respect of two plots and letter to change reservation in respect of

one plot have already been issued. There were altogether four plots, though

initially only three plots were advertised. By way of corrigendum published
6
th
on 20 June, 2009, the area of Plot No. GH – 001 located in Sector 121 was

reduced from 1,17,000 sq. metrs to 79285.35 sq. meters and by the same

corrigendum, Plot No. GH-01 of Sector 70 was added in the Scheme having

an area of 51000 sq. mtrs. Another corrigendum was issued on 23.06.2009

whereby the area of newly added Plot GH – 01 in Sector 70 was enhanced to

75800 sq. mtrs. The land use in Sectors 45, 121 and 70 is residential as per

the Master Plan- 2021. As regards Sector 137, the land use as per Master

Plan – 2021 was residential. But the Board on 10.06.2008 decided to change

the land use from residential to institutional, for which approval of the

Government was sought and the same was granted on 19.09.2008.

Subsequently, the Board, in its meeting held on 28.05.2009, decided to

restore the land use from institutional to residential. Approval of the

Government was sought by way of letter dated 03.07.2009 and in

anticipation of approval, the Scheme in question was launched which

included plot no.137. Thus, third party rights have come into existence

before filing of the writ petition and, thus, the petition is liable to be

dismissed on the ground of mis-joinder of necessary and proper parties.

9. The petition, it is submitted, has been filed at the instance of a third

party, particulars whereof are not available with the second respondent. Also

some aspects and decision of the Authority taken in its 125 th and 137th Board

meetings were the subject matter of Civil Misc. Writ Petition No. 175 of

2009.

10. The respondents have denied that the density and the F.A.R. allowed

in respect of the plots in question are contrary to the approved Master Plan

or approved Scheme. The Scheme, as brought from time to time, have the
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approval of the Competent Authority. The report of the School of Planning

and Architecture is a report of a Consultant, which is not binding on the

Authority. The Master Plan was prepared keeping in view the pollution

density of the entire township of a particular Sector. The density of any plot

within a Sector is determined not by the Master Plan but by the Noida

Building Regulations and Directions. The density of the township and Sector

is fixed by the Master Plan. Fixing of density or the F.A.R. is a dynamic

process. The parameters have to be revised keeping in view the ground

realities. The F.A.R. has been increased in accordance with law by an

amendment in the Building Regulations and Directions, which have been

duly notified in the gazette. The F.A.R. permitted by the respondents is less

than what is permitted by other Urban Development Authorities under the

control of the Government of U.P. In respect of Group Housing, the

permissible F.A.R. was increased from 150 to 250 by notification dated 25th

September, 2008. The averments, which are contrary to the stand taken by

the respondents have been denied and a supplementary counter affidavit was

filed on 18.08.2009 placing on record the various corrigendums, which were

issued and some clarifications. Two additional supplementary counter

affidavits have also been filed on 06.07.2010. In one supplementary

affidavit, the respondents have sought to explain the concept of density and

in other supplementary counter affidavit of the same date, some errors

noticed in the earlier supplementary counter affidavit have been corrected.

11. At the hearing of this petition, on behalf of respondent no.2, learned

counsel sought to rely on the judgment of a coordinate Bench of this Court

in Air Force Naval Housing Board, New Delhi & Ors. Vs. State of U.P.
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& Ors., [2009 (9) ADJ 603 (DB)]. It is sought to be contended, based on the

said judgment, that the issue, especially regarding the Scheme for Group

Housing, which was approved at 125th meeting of the Board, was the subject

matter of the petition and has been answered by this Court.

We have perused the said judgment and we find that the main issue in

the said petition was the rejection of application of Air Force Naval Housing

Board for allotment of land in respect of the Group Housing Plots. The Air

Force Naval Housing Board was found not to be eligible under that Scheme.

They challenged the same and thereafter amended the petition to include the

consequential reliefs to consider their applications and also to quash Clause

– C of the Brochure of the Group Housing Scheme which was the subject

matter of the said writ petition, but which is not in issue in the present case.

In our opinion, therefore, the issues, which arise in this petition were not

directly in issue in the said petition. They have not been answered either and

were not required to be answered, considering the controversy in that

petition. In our opinion, therefore, the judgment in Air Force Naval Housing

Board, New Delhi (supra) would be of no assistance in deciding the

controversy, which arises in this petition.

12. The respondent no.2 has also raised the issue of latches. The petitioner

has approached this Court on 17.07.2009. It is true that the petitioner has not

challenged the Scheme before the date fixed for closure of receipt of tenders.

In this case, the technical bids were opened on 25 th June, 2009 and thereafter

financial bids were opened on 29th June, 2009 and it appears that out of four

plots, allotment letters in respect of two plots and reservation letter in

respect of one plot had already been issued.

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This Court while exercising its extraordinary jurisdiction, no doubt,

considers whether a petition is barred by latches considering the fact that

third party rights may have been created in the meantime and if the petition

is entertained, the rights of said third party would be affected, which have

already been settled. In our opinion, considering the issue raised by the

petitioner, we are unable to accept the contention of respondent no.2 that the

petition should be dismissed on the ground of latches. That contention is,

therefore, liable to be rejected.

13. So far as the contention raised by the respondents that in the absence

of necessary or proper parties, i.e. the persons in whose favour two plots

have been allotted, and the petition suffers from non-joinder of necessary or

proper parties is concerned, the same will be considered at the time of

granting relief. The contention that grant of relief would affect the rights of

third party will also be considered while disposing of the present petition

considering the fact that there were four plots and allotments have been

made only in respect of two plots.

14. In view of the above, we may now consider the main issue, i.e.

considering the Scheme of the Act and the Regulations, whether it was open

to respondent no.2 to dispose of the land especially after it was acquired for

public purpose, to private builders which enabled them to make profits?

To answer the issue, we may gainfully quote Section 7 of the Act,

which reads as under:-

“7.Power to the Authority in respect of transfer of
land.–The Authority may sell, lease or otherwise transfer
whether by auction, allotment or otherwise any land or
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building belonging to the Authority in the industrial
development area on such terms and conditions as it may,
subject to any rules that may be made under this Act, think fit
to impose.”

Apart from that, Section 6 of the Act is also relevant for the purpose,

which reads as under:-

“6. Functions of the Authority.–(1) The object of the
Authority shall be to secure the planned development of the
industrial development areas.

(2) Without prejudice to the generality of the objects of the
Authority, the Authority shall perform the following
functions–

                  (a)       to acquire land in the industrial development
                            area, by agreement or through proceedings under
                            the Land Acquisition Act, 1894 for the purposes
                            of this Act;
                  (b)       to prepare a plan for the development of the
                            industrial development area;
                  (c)       to demarcate and develop sites for industrial,

commercial and residential purposes according to
the plan;

                  (d)       to   provide        infra-structure   for   industrial,
                            commercial and residential purposes;
                  (e)       to provide amenities;
                  (f)       to allocate and transfer either by way of sale or
                            lease or otherwise plots of land for industrial,
                            commercial or residential purposes;
                  (g)       to regulate the erection of buildings and setting
                            up of industries; and
                  (h)       to lay down the purpose for which a particular
                            site or plot of land shall be used, namely for
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industrial or commercial or residential purpose or
any other specified purpose in such area.”

15. On consideration, therefore, of Sections 6 and 7, it is clear that power

is conferred on the Authority to sell, lease or otherwise transfer, by the

method set out in the Section, any land belonging to the Authority in the

development area on such terms as it thinks fit. The functions of the

Authority have been set out under Section 6 of the Act, which includes the

power to acquire land, to prepare a plan, to demarcate and develop sites for

industrial, commercial and residential purposes and to allocate them for sale

or lease, amongst others, for residential purposes. The power, therefore, to

alienate the land, which had been acquired for residential purpose has been

provided for by the Act itself. It will, therefore, not be possible to accept the

contention on behalf of the petitioner that the land having been acquired

under the Land Acquisition Act, 1894 cannot be alienated. Section 7 of the

Act does not bar the Authority from selling or leasing the land to private

parties including private builders. There is also no other provision, implied

or express, prohibiting the transfer of land under the Act. The object of the

Act is not defeated if private builders are allowed to develop the area, as the

object is to develop the area into an industrial and urban township. The

process of development, as noted by the Authority in terms of plan notified,

can be carried out either by the Authority or through other bodies. The

Authority in that process transfers plots to individuals, societies as also for

Group Housing in respect of which development can be done by the private

parties, including builders whereby the object of the Act is satisfied. The

petitioner has not brought to our attention any provision whereby the
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Authority is prohibited, expressly or impliedly, from carrying out objects of

the plan through private builders. The State and it organs in order to enable

citizens to have affordable housing and further for proper development of a

town, so that better infrastructure is provided, can do it by itself or through

its instrumentalities or third partner, including private builders. That private

builders may make profit is no answer. The State with its limited financial

resources can allow others to achieve the object of the Act which is its

primary concern including affordable housing and better infrastructure. The

first contention must be rejected.

16. The second contention is that the Scheme, which provides for

increased F.A.R. and higher density is contrary to the Act and the

Regulations. Under the Act, the Authority had initially framed the

Regulations, 1991, which was notified on 08.06.1991 and came into force

from the said date in view of the provisions of Regulation 1 (3) of the

Regulations 1991. Thereafter, the Authority has also notified the New Okhla

Industrial Development Area Building Regulations and Directions, 2006,

which was published in Uttar Pradesh Gazette on 16.12.2006 and have come

into force from the said date. Regulation 11 (1) of the Regulations 1991,

which gives power on the Authority to amend the Plan, reads as follows:-

“11. Amendment of the Plan.- (1) The Authority may
make such amendments in the Plan which do not effect
important alteration in the character of the Plan and which
do not relate to the extent of land use or standards of
population density.

… …. …. ….”

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Under Regulation 4 (1) (b) (ii) of the Regulations 1991, the plan has

to show the various existing and proposed land uses indicating the most

desirable utilization of the land for residential use by allocating the area of

land for housing for different and defined densities and plotted development

for different categories of households. The Plan approved in terms of

Regulation 9 (c) of Regulations, 1991 shall be effective for a period

specified by the Authority, but such period shall not be less than five years.

Therefore, under the Regulations 1991, Master Plan-2021 has been prepared

and that Plan is in force. The Plan provides for various land uses. The Plan

can be amended in terms of Regulations. As long as the amendment does not

effect important alteration in the character of the Plan and does not relate to

the extent of land use or standards of population density, the Authority has

power to amend the Plan. In the Master Plan, the plots, which are the subject

matter of this petition, has been identified as belonging to high and medium

density. An amendment was made in the Development Area Building

Regulations and Directions, 2006, which was notified on 20th February 2009.

By the said amendment, amongst others, Directions 22 and 33.2 of the

Building Regulations and Directions 2006 have also been amended. By

virtue of the amendment in Direction 22, the F.A.R. for plots based upon

size, has been set out. By amendment to Direction 33.2, sub-regulation

provides density as mentioned in the Sector Layout Plan or Scheme shall be

applicable. In other words, the density can be as either provided in terms of

the Master Plant or the Scheme. The coverage area has been increased from

30% to 35% on plots size upto 40,000 sq. meters and F.A.R. from 2 to 2.75.

The permissible ground coverage area under the Housing Scheme, as
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notified and which is the subject matter of challenge is 40% and maximum

permissible F.A.R. is 2.75, which is in terms of the Regulations and

Directions. The density, however, for plot area above 40,000 sq. meters has

been increased. This increase, in our opinion, is in conformity with Direction

33.2, which has conferred power on the Authority that the density can be in

terms of the Layout Plan or Scheme.

17. As we have noted that amended Building Regulations of 2006 permit

F.A.R. of 2.75. The Building Regulations are an exercise in subordinate

legislation. A challenge to a subordinate legislation can only be made on

limited grounds, which have been culled out as manifest arbitrariness, utra

vires or violation of fundamental rights. (For this purpose, see Bombay

Dyeing & Mfg. Co. Ltd. (3) Vs. Bombay Environmental Action Group

& Ors., (2006) 3 SCC 434, wherein the law has been enunciated. See also

Janhit Manch & Bhagwanji Raiyani Vs. The State of Maharastra &

Ors., (2007) 1 BCR 329, where the challenges to an exercise in subordinate

legislation have been set out). We may gainfully reproduce the following

paragraphs from Bombay Dyeing & Mfg. & Co. Ltd. (supra):-

“104. A policy decision, as is well known, should not be
lightly interfered with but it is difficult to accept the
submissions made on behalf of the learned counsel
appearing on behalf of the appellants that the courts
cannot exercise their power of judicial review at all. By
reason of any legislation, whether enacted by the
legislature or by way of subordinate legislation, the State
gives effect to its legislative policy. Such legislation,
however, must not be ultra vires the Constitution. A
subordinate legislation apart from being intra vires the
15
Constitution, should not also be ultra vires the parent Act
under which it has been made. A subordinate legislation,
it is trite, must be reasonable and in consonance with the
legislative policy as also give effect to the purport and
object of the Act and in good faith.

105. In P.J. Irani v. State of Madras, AIR 1961 SC 1731,
this Court has clearly held that a subordinate legislation
can be challenged not only on the ground that it is
contrary to the provisions of the Act or other statutes; but
also if it is violative of the legislative object. The
provisions of the subordinate legislation can also be
challenged if the reasons assigned therefor are not
germane or otherwise mala fide. The said decision has
been followed in a large number of cases by this Court.
[(See also Punjab Tin Supply Co. v. Central Govt., (1984
1 SCC 206)].

111. In BALCO Employees’ Union (Regd.) v. Union of
India,
(2002) 2 SCC 333, this Court while dealing with
new economic policies of the elected Government held :
(SCC pp. 381-82, paras 92-93)

“Any such change may result in adversely
affecting some vested interests. Unless any illegality
is committed in the execution of the policy or the
same is contrary to law or mala fide, a decision
bringing about change cannot per se be interfered
with by the court.”

115. Furthermore, interpretation of a town planning
statute which has an environmental aspect leading to
application of Articles 14 and 21 of the Constitution
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cannot be held to be within the exclusive domain of the
executive.

116. There cannot be any doubt whatsoever, that the
validity and/or interpretation of a legislation must be
resorted to within the parameters of judicial review, but it
is difficult to accept the contention that it is totally
excluded.

117. Unreasonableness is certainly a ground of striking
down a subordinate legislation. A presumption as to the
constitutionality of a statute is also to be raised but it does
not mean that the environmental factors can altogether be
omitted from consideration only because the executive has
construed the statute otherwise.

118. It is interesting to note that the scope of judicial
review is now being expanded in different jurisdictions.
Even judicial review on facts has been held to be
permissible in law. (See Manager, Reserve Bank of India
v. S. Mani,
(2005) 5 SCC 100, Sonepat Coop. Sugar Mills
Ltd. v. Ajit Singh,
(2005) 3 SCC 232, and Cholan
Roadways Ltd. v. G. Thirugnanasmbandam,
(2005) 3
SCC 241).

119. In Anil Kumar Jha v. Union of India, (2005) 3 SCC
150, it was held that in an appropriate case, the Supreme
Court may even interfere with a political decision
including an action of the Speaker or the Governor of the
State although it may amount to entering into a political
thicket. (See also Rameshwar Prasad (VI) v. Union of
India, (2006) 2 SCC 1.)

123. For the foregoing reasons, we are of the opinion that
in cases where constitutionality and/or interpretation of
17
any legislation, be it made by Parliament or an executive
authority by way of delegated legislation, is in question, it
would be idle to contend that a Court of superior
jurisdiction cannot exercise the power of judicial review.
A distinction must be made between an executive decision
laying down a policy and executive decision in exercise of
its legislation-making power. A legislation be it made by
Parliament/Legislature or by the executive must be
interpreted within the parameters of the well-known
principles enunciated by this Court. Whether a legislation
would be declared ultra vires or what would be the effect
and purport of a legislation upon interpretation thereof
will depend upon the legislation in question vis-a-vis the
constitutional provisions and other relevant factors. We
would have to bear some of the aforementioned principles
in mind while adverting to the rival contentions raised at
the Bar in regard to interpretation of DCR 58 as well as
constitutionality thereof.”

In our opinion, therefore, once the Authority was competent to make

and amend the Regulations and in the absence of any specific challenge to

the Regulations, that must be rejected.

18. That leaves us with the question of density. We have already noted

that the Regulation itself has provided that the density would be in terms and

as mentioned in Sector Layout Plan or Scheme. We have quoted the figures

insofar as the Scheme is concerned. In terms of the Regulations, therefore,

that density would be available to a person who carries out the development

in respect of plots, which have been transferred. Density has not been

defined under the Act or the Regulations framed thereunder. Density has,
18
however, been defined in the National Building Code published by the

B.I.S., Government of India to mean “The Residential Density expressed in

terms of the number of dwelling units per hectare.” The population density

in respect of Group Housing Plots have been fixed under Regulation 33 of

the Building Regulations, 2006 whereunder the density is as per the Sector

Plan or the Scheme. The Regulations of 2006, therefore, permit latitude to

the Authority to fix the density in respect of the Group Housing Plots. In

terms of Master Plan – 2021, the medium density has been placed in the

range of 200-400 pph while high density was placed in the range of 400-600

pph. According to the Authority, the density has to be reckoned at the town

level and consequently at the sector level. This density is relevant for the

purpose of laying down the infrastructure. In sectors, where the flatted and

plotted developments have already taken place, it would be difficult to take

steps for increasing the density. Increase in density of the plots under

development, can take place easily. For this, the requirement is that in these

sectors, it should be ensured that sufficient infrastructure is laid down to

sustain such density. These averments by the Authority, as set out in the

supplementary counter affidavit, have not been denied. Though, the density

of the Group Housing Plots in the Scheme is 1650, the overall density of

Sector Nos. 45, 121, 137 and 70 is well within the range laid down in the

Master Plan. The respondents have filed the details of residential area and

population as per the plots offered in the Scheme Code : GH 2009 (II), as set

out in the supplementary affidavit dated 06.07.2010. This was further

clarified as there were some calculating errors in respect of density of Sector
19
45 by filing a further affidavit of the same date. The density as calculated,

therefore, is within the range laid in the Master Plan.

19. The Authority has pointed out that the area of Noida city is

limited/fixed. If the town density is increased, then this can only be done by

increasing the availability of Group Housing Plots. If the space is limited,

the development can only take place vertically and not horizontally, which

has led to the concept of multi-storied flats. Once the vertical growth takes

place and the F.A.R. is increased, then the density is bound to increase

proportionately. Development of the city is a dynamic process where the

parameters of development/construction can change from time to time. With

the advent of flat system, it is possible to accommodate more dwelling units

in a given area than plotted development. This, in fact, results in decreasing

or arresting the cost per dwelling unit and, thus, contribute towards

affordable housing which, even according to the petitioner, is the object of

the Act. This is a part of policy as reflected in the Regulations. Policy, more

so a socio-economic policy, should normally be not interfered by the Court

and must be left in the executive domain. The government has to be allowed

some room at the joints. Considering these aspects, and as there is no

specific challenge by the petitioners to D.C. Regulation 33 (2), in our

opinion, this challenge as raised by the petitioner has to fail.

20. In the light of the above, we find no merit in this petition.

Consequently, rule discharged. There shall be no order as to costs.


Date : July 29, 2010
AHA

                                   (A.P. Sahi, J.)     (Ferdino I. Rebello, C.J.)
                                      20


Hon'ble F.I. Rebello, C.J.
Hon'ble A.P. Sahi, J.
      Rule discharged.
      For orders, see order of date passed on separate
sheets.
Date : July 29, 2010
AHA

                                   (F.I. Rebello, C.J.)



                                     (A.P. Sahi, J.)