On 16.07.2012 the SC issued the following order:
UPON hearing counsel the Court made the following
O R D E R
IA No. 55 is dismissed as withdrawn.
Learned counsel for the NOIDA Authorities has placed on record the
status report dated 16th July, 2012 showing the various steps that the
authorities have taken in furtherance to orders of this Court. Having
heard the learned counsel appearing for the parties at some length, we pass
the following directions:
1. Admittedly, the lease deed has been executed in various branches
of the State Bank of India. Let possessions of the plots be handed over to
them within one week from today.
2. Within 15 days from today, the drawings/plans for sanction of the
Authority for raising the constuction should be filed. The plan shall be
considered by the Authority concerned within a period of two weeks.
Thereafter, appropriate orders be passed and communicated to the Banks.
The constuction in accordance with the sanction plan should be completed
within seven months from today. In the event, any of the conditions afore-
noticed is not complied with by the Authority or the State Bank of India,
none of them would be entitled to any extension and the bank premises being
run from the residential premises shall be sealed.
3. In regard to the Indian Bank, it is stated that though they have
deposited the amount but the lease deeds could not be executed for the
reason that the stamp paper in relation to one plot has not been filed,
while in relation to other, there is some litigation pending before the
High Court of Allahabad. Learned counsel appearing for the Bank submits
that the stamp paper have already been filed.
We consider it totally unnecessary to go into this controversy.
The official of the Bank shall show it to the learned counsel appearing for
the Authority the proof of the stamp papers having been submitted to the
NOIDA Authority. No stay has been granted by the Allahabad High Court and
we see no reason as to why the lease deed in favour of the Indian Bank
should not be executed. Let that be executed within two weeks from today.
Rest schedule as directed in the case of SBI shall also operate in relation
to Indian Bank. If Indian Bank does not comply with these directions,
their premises in the residential area shall also be liable to be sealed
after the expiry of the afore-stated period.
4. With regard to E-37, Sector 55, let the Chief Manager of the Bank
file an affidavit within one week from today that the commercial activity
of the Bank from the residential area has been stopped. In the event, this
is not done, the NOIDA Authority shall seal the premises.
5. Learned counsel appearing for the NOIDA Authority, upon
instructions from the Chief Architect, who is present in Court submits that
ATMs are operating from the commerical area or in group housing area. Let
such ATMs, wherever permissible under the bye-laws, be permitted to
continue.
6. United Bank of India submits that one Branch from Sector 27, NOIDA
has already been shifted to Sector 18, NOIDA in a commercial area, the
Branch in Sector 33 shall also be shifted to the same premises. However,
they pray for two months' time to vacate and stop commercial activity from
the premises presently occupied by them. Time, as prayed for, is granted.
In the event, the activity is not stopped within two months from today,
NOIDA Authority shall seal the premises in the residential area.
7. In the case of HDFC Bank, the lease deed has been executed.
However, the remaining steps need to be taken and transaction completed.
The schedule for HDFC Bank shall be the same as in the case of SBI afore-
indicated.
8. NOIDA Authority shall refund the money in relation to the plots
which have not been allotted to SBI within two weeks from today.
9. Union Bank of India, Bank of Maharashtra, Punjab and Sind Bank and
any other Bank where the lease deeds have been executed by NOIDA Authority
in their favour and remaining steps need to be taken before they vacate
their premises from the residential area, the same schedule as provided to
SBI shall apply.
10. Learned counsel for the Authority submits that in relation to the
Allahabad Bank, he will ask the authorities to examine the matter and
expedite execution of the lease deed in their favour.
11. Learned counsel appearing for the Authority has brought to our
notice the order dated 29th May, 2012 passed by the Civil Judge, Sr.
Division. The Order runs contra to the judgment of this Court and in fact
permits what is specifically been directed not to be permitted in the
residential area under the bye-laws. There shall be interim stay of the
order of the learned Civil Judge, Sr. Division.
We also express a pious hope that the learned Civil Judges would
consider such cases, if any, filed before them with interim orders, in
accordance with the law stated by this Court and not pass any interim
orders which would be in conflict with the judgment of this Court.
12. We also direct issuance of notice to the plaintiff Ghanshyam
Chauhan in that suit being suit no. 549 of 2012 fixed for 19th July, 2012.
13. Liberty to the learned counsel appearing for the Authority to
serve the letter of service in Court when the case is called out before the
learned Senior Sub-Judge.
14. On behalf of certain applicants and even other interested persons
including the banks, an issue has been raised that the NOIDA Authority
should be called upon to formulate a scheme for allotment of alternative
accommodation to them, in commercial areas. It is averred particularly
when they have vacated the residential areas from where they were carrying
on their commercial activity. Let counsel for the NOIDA Authority take
instructions in this regard.
Stand over for two weeks.
IA No. ..of 2012 in C.A. NO. 10535/2011 (Chairman NOIDA Vs. Mange
Ram(D) through LRs)(Appln. By M/s. Shivalik Medical Centre P. Ltd.) be also
tagged along with these IAs.
