ATS land allotment case: HC directs Noida authority to file counter affidavit

NOIDA: The Allahabad high court has directed the Noida authority to file a counter affidavit in response to a writ filed by ATS Homes Private Limited that alleged that the realty firm is yet to get 109,723.25 square metres (sqm) housing land in Noida’s Sector 152. The writ petition had also questioned the authority’s move to cancel the allotment process.

The realty firm in the writ petition had also asked the authority for additional time to develop the housing project, waivers for the period of delay in allotment of remaining land and other benefits.

The developer had to file the writ petition after the Noida authority started cancelling the allotment process on the grounds that the realty firm failed to develop the project within a stipulated time frame.

“We also call upon the Uttar Pradesh government to examine the issues raised in the writ petition and file a counter affidavit. The affidavit must be filed by an officer not below the rank of special secretary. Since the respondent Noida authority is proposing action against the petitioner for not completing the project within time, we deem it appropriate to modify the previous orders passed in the present writ petition and allow the petitioner to proceed with the project in accordance with the building bylaws and the approved plans, subject to the final outcome of the writ petition. The required affidavits shall be filed in terms of our directions within two weeks,” said the April 3 high court order.

A bench of justice Ashwani Kumar Mishra and justice Vinod Diwakar delivered the order in response to the writ petition filed in January this year.

According to the writ petition, the Noida authority had in 2015 floated a scheme for the allotment of a plot for an international cricket stadium-cum-sports city in Sector 152. As per the scheme, a consortium of companies was eligible to make a bid for the plot allotment with an area of 503,000sqm. ATS Homes had submitted its bid on behalf of the consortium of ten companies and a total of 393,276.75sqm land was allotted to the consortium, while the remaining 109,723.25sqm land was proposed to be acquired by the Noida authority.The developer partially built some floors in the residential and commercial buildings of the project without developing any sports facilities.

The Noida authority had banned the sale and purchase of flats and plots in the project in January 2021, stating that the realty firm should first develop sports facilities for public use before the housing units. However, the developer maintained that they do not have adequate land for the same.

“The sports facilities could not be developed because the Noida authority is yet to provide us with the land as promised in 2015. We are waiting for the final outcome of the case,” said Getamber Anand, chief managing director, ATS Group.

As per the scheme, the developer was supposed to ready the project in three to seven years’ time, said officials.“In accordance with the high court order, we will submit our affidavit in the court. We are taking action as per the law and in future also, we will comply with the law,” said Ritu Maheshwari, chief executive officer of the Noida authority.