Supreme Court Urges Early Resolution of NOIDA Land Dispute.


26 September 2025 Property Dispute Asbestos >> Property & Real Estate  

The Supreme Court has asked the NOIDA Authority to hasten its decision on a settlement proposal seeking to end a long-pending case of real estate applicants Kapil Mishra and Kalpana Mishra versus the Authority. During the hearing of a batch of special leave petitions on 26 September 2025, the Court noted that the settlement framework under discussion in recent meetings still awaits the formal sanction of the NOIDA Board.

The bench comprising Justice Vikram Nath and Justice Sandeep Mehta observed that on 12 and 13 August 2025, there were meetings between NOIDA authorities and the applicants following directions issued by the Court in previous proceedings. Minutes of the discussions set out a list of terms upon which the controversy could be ended.

 
 
 
 

Under the draft terms, the applicants would pay:

  • 1% annually on the differential value of the plot between the announced stamp duty value (2011) and the prevailing allotment rate of medium-density group housing plots in 2011, for a period of 13 years. It would be paid in advance while executing the agreement.
  • External Development Charges (EDC) applicable at the time of approval prior to sanction of building maps.
  • 20% of sale consideration (or circle rate/fair market value, whichever is more) on each housing unit, to NOIDA on delivery of possession and registration of deeds, through a tripartite arrangement between buyers, applicants, and NOIDA.
  • Conformity to all building norms under NOIDA Regulations, 2010, along with payment of corresponding transfer charges in the event of future resale by flat purchasers.
The Court granted the respondents' request for directions so that the NOIDA Board makes an early decision. It directed the case to be heard on 10 November 2025, when the Board should have made up its mind on the settlement.