ORDER : 1. The learned counsel appearing for the Noida Authority at the very outset regrets his absence on the last date of hearing and submits that entire record has been brought and even affidavit has been prepared to be filed in this Court showing the steps taken by the Noida Authority in furtherance to and after the pronouncement of the judgment of this Court dated 5-12-2011, R.K. Mittal v. State of U.P., (2002) 2 SCC 232. We do not intend to take this affidavit on record at this stage. In view of the request made by the learned counsel appearing for the Noida Authority and its CEO, we are of the opinion that no further action need be taken against the Noida Authority or its officers at this stage and we will proceed to deal with all the applications in accordance with law. 2. After hearing the learned counsel appearing for the parties at some length, and Mr S.K. Dwivedi, CEO of the Noida Authority, who is present in Court with records, we pass the following directions and order the applications for intervention are dismissed. It has been argued on behalf of some of the applicants and, in fact, commonly conceded that for professionals, 25% of the permissible FAR is allowed to be used by them for professional purposes. 3. It is further contended that 30% of the ground floor area permitted to be used under para 74.5 of the judgment' is very inconvenient and contrary to the bye-laws and Master Plan of Noida. This area would be completely insufficient to meet the minimum requirements of the professionals. As it is a conceded position on behalf of the Noida Authority that 25% of the permissible FAR can be used by the professionals for their professional activities, we consider it reasonable to modify the directions given in para 74.5. However, we make it clear that this will be applicable only to the lawyers, architects and doctors for running limited professional activity and not at commercial levels. Another argument that has been addressed is that the expression "ground floor" used in the same clause may be clarified to mean "any floor" because somebody may be having a two-storied house and may himself be living on the first floor only. 4.
Another argument that has been addressed is that the expression "ground floor" used in the same clause may be clarified to mean "any floor" because somebody may be having a two-storied house and may himself be living on the first floor only. 4. Therefore, we modify para 74.5 of the judgment' as follows: "That the doctors, lawyers, architects can use 25% of the permissible FAR of any floor in their premises in the residential sector but only for running their personal office or personal clinic in its restricted sense as clarified in the judgment." 5.1. The Noida Authority shall, within one week from today, issue a final notice to all the owners of the residences requiring them to stop use of the premises for banking or any other commercial activity and requiring them to shift from the residential areas. 5.2. The Noida Authority shall also issue an advertisement stating therein the premises which can be offered to the banks as per the policy of the Noida Authority. This policy shall clearly state the terms and conditions for allotment and the manner in which the allotment of the alternative site/land would be made to the banks and/or other commercial activities in appropriate sectors i.e. commercial, institutional or industrial-commercial. We make it clear that such policy should be fair and transparent. 5.3. Within one week thereafter the banks and other persons carrying on the commercial activities shall respond to the advertisement given by the Noida Authority or the circular issued by them. Their allotment should be finalised immediately thereafter. 5.4. The entire process should be completed within six weeks from today. After six weeks the Noida Authority shall be entitled to cancel the lease deed as well as take other permissible steps in accordance with law to prevent commercial users in the residential sectors. We also make it clear that the Noida Authority will be at liberty to consider the request of the nursing homes, clinics or other commercial activities carrying on in the residential areas for allotment of an alternative site in accordance with its policy, if any. The Noida Authority shall be entitled to fix present day rates or impose such other terms and conditions as are considered appropriate by them. This we leave to the discretion of the authorities concerned. 5.5.
The Noida Authority shall be entitled to fix present day rates or impose such other terms and conditions as are considered appropriate by them. This we leave to the discretion of the authorities concerned. 5.5. Any branches that have opened in Noida after the pronouncement of the judgment of this Court shall not be entitled to any of the benefits of the judgment and this order. 5.6. We make it clear that the directions contained in this order should be complied with by all concerned and within the time stipulated. In the event of default, this Court shall be compelled to take proceedings under the Contempt of Courts Act, 1971 against the erring or defaulting officers/officials. 6. All the applications are disposed of and we make it clear that we will not grant any further extension of time to the Authority concerned. Court Masters