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New Okhla Industrial Development Authority Vs. Sarvpriya Sehkari Avassamiti Ltd. [11/04/13]

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[Civil Appeal No.3265 of 2013 (@Special Leave Petition (C) No. 1343 of 2009]. New Okhla Industrial Development Authority, hereinafter referred to as "NOIDA", in these special leave petitions filed under Article 136 of the Constitution of India impugns the order dated 20th of June, 2008 passed by the Allahabad High Court in Civil Misc. Writ Petition No. 41065 of 2003 (Sarvpriya Sahakari Avas Samiti Limited v. State of U.P. through Special Secretary & Anr.) and order dated 15th of July, 2010 passed in Civil Misc. Writ Petition No. 67362 of 2005 (Shivalik Sahakari Avas Samiti through Secretary v. State of U.P. through Principal Secretary & Ors.). By those orders NOIDA has been directed to give benefit of Government Order dated22nd of October, 2002 to each of the writ petitioners, respondent no. 1herein i.e. Sarvpriya Sahakari Avas Samiti Limited, hereinafter referred to as "Sarvpriya" and Shivalik Sahakari Avas Samiti, hereinafter referred to as "Shivalik". Leave granted. As direction given in both the appeals is identical and facts are similar, both have been heard together and are being disposed of by this common judgment. For the purpose of these appeals we have taken the facts from the appeal arising out of Special Leave Petition No. 1343 of 2009. Sarvpriyais a registered Housing Cooperative Society and its claim is that most of its members are from the Indian Army, Border Security Force, Air Force, Central Reserve Police Force, Delhi Police and other Government Departments. The object of the Sarvpriya is to provide residential accommodation to its members.

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