# New Okhla Industrial Development Authority and Ors. vs. M/s Sunshine Trade Tower Private Limited and Anr. > SC judgment dated 2026-09-08. Citation: TCN-2026-SC-00104. The dispute originated from the New Okhla Industrial Development Authority (NOIDA)'s allotment of a… - **Court:** SC - **Order date:** 8 Sept 2026 - **Citation:** TCN-2026-SC-00104 - **Category:** IBC - **Source page:** https://caseease.in/cases/ibc/supreme-court-of-india/new-okhla-industrial-development-authority-and-ors-vs-sunshine-trade-tower-priva-yw1du ## Summary ### Background The dispute originated from the New Okhla Industrial Development Authority (NOIDA)'s allotment of a commercial plot to M/s Sunshine Trade Tower Private Limited (the Developer) in 2011. A Lease Deed was executed in 2012, with the sanctioned site plan envisaging a 45-meter Front Road and a 24-meter Side Road. The Developer claimed construction was stalled due to the 45-meter Front Road being encroached and unacquired, and the 24-meter Side Road being unpaved. An interim order by the National Green Tribunal (NGT) also halted construction for a period. NOIDA subsequently formulated a 'Zero Period Policy' in 2016 to address stalled projects. The Developer sought benefits under this policy due to the lack of access roads and the NGT order. ## Facts New Okhla Industrial Development Authority (NOIDA) launched a scheme on 22.09.2011 for the allotment of commercial plots to builders/developers in Noida, Uttar Pradesh. M/s Sunshine Trade Tower Pvt. Ltd. was selected as the successful developer for Plot No. 5-A, Sector 94, Noida. A Lease Deed was executed by NOIDA in favour of the Developer on 11.01.2012 for a total sale consideration of ₹1,33,86,63,730/-. Possession of the Subject Plot was handed over to the Developer on 11.01.2012. The site plan, approved by NOIDA on 06.03.2012, showed the Subject Plot with a 45-metre-wide Front Road and a 24-metre-wide Side Road. The Developer was to develop a commercial complex on the Subject Plot. … ## Issues and analysis ### Issue 1: Whether the Zero Period Policy, particularly Clause 5, should be strictly construed or interpreted … **Ratio:** Policies, unlike statutes, should be interpreted considering both micro and macro … **Reasoning:** The Zero Period Policy was formulated to address situations where construction is stalled … **Interpretation:** Clause 5 of the Zero Period Policy is intended to ensure that a developer has … **Application:** NOIDA's argument for a strict construction of Clause 5, contending that some … ## Parties - **Judges:** Pamidighantam Sri…; ALOK AR… - **Appellants:** New Okhla… - **Respondents:** M/s Sunshine… - **Advocates:** Atmaram N.S.…; Mukul Ro…; +3 more ## Timeline - **2011-09-22 — Scheme L…**: NOIDA launched a scheme for the allotment of commercial plots to builders/developers in… - **2011-10-14 — Tender Submission…**: Last date for the submission of a… --- This is a preview. The full structured summary, issues, precedents and source judgment are available on CaseEase - Legal Intelligence Simplified: https://caseease.in/cases/ibc/supreme-court-of-india/new-okhla-industrial-development-authority-and-ors-vs-sunshine-trade-tower-priva-yw1du