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Supreme Court of India 2021-03-09 partly_allowed

Hampshire Hotels and Resorts (Noida) Pvt. Ltd vs Ritu Maheshwari, Chief Executive Officer, New Okhla Industrial Development Authority (Noida)

Bench: 3 — Uday Umesh Lalit

In Brief

These contempt petitions challenged NOIDA's failure to execute supplementary lease deeds for commercial hotel plots allotted under a 2006 scheme. The Supreme Court had previously (2011) upheld the allotments and given the allottees the option to continue by paying a higher premium of Rs.70,000 per sq. metre. After a ten-year stalemate with no developments and unpaid instalments, the Court devised a pragmatic exit mechanism: allottees could surrender possession and receive refund of premiums (with 7% interest) based on re-sale proceeds, provided NOIDA obtained a minimum price of Rs.1,05,000 per sq. metre. Alternatively, allottees could continue by paying all outstanding dues, after which supplementary leases would be executed. The Court rejected contempt findings but directed that plots be handed over vacant and processing commenced for re-auction, prioritizing public interest and productive use of land.</summary_100"> </invoke>

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Contempt of Court Real Estate Law Administrative Law Natural Justice Public Interest Urban Planning and Development

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