On 19th July 2011 another verdict was given by the Allahabad High Court that scraped another land acquisition in Noida Extension by the Greater Noida Industrial Authority. 589 hectares of land was acquired by the Authority in Patwari village, in Noida Extension, by bringing into play the urgency clause. The land was purchased for the industrial development in the region but it was given away to real estate developers for numerous residential and commercial projects.
This decision of the Allahabad High Court came after a fortnight following the Supreme Court’s order which defended the high court’s order regarding cancellation of land acquisition of more than 150 hectares in Shahberi village.
A division bench comprising of Justices Sunil Ambawani and S S Tiwari scraped the land acquisition stating that ther was no need to bring up the urgency clause. The court gave the verdict on a group of petitions filed by the farmers from Patwari village.
According to Parminder Bhati, the farmers’ lawyer, this decision of the High Court will surely bring respite to at least 1,600 farmers from the region. He further added that this decision will adversely affect almost 18 big and small developers who have launched or own the land in the area.
The court rejected some of the affidavits that were presented before him by the government lawyer. These affidavits stated that villagers have no objection to the land acquisition and have been satisfactorily compensated. Bhati told that the court ignored all these affidavits.
He said that some of the farmers in Patwari village had accepted compensation but a large number of farmers had refused to the same.
The land acquisition process in Patwari Village was initiated on March 12, 2008. But in September 2009, the Greater Noida Industrial Authority brought into play the urgency clause under Section 17(1) of the Land Acquisition Act, 1894 — which offers for abstaining from the right of a tenure holder to a hearing on whether he wishes to sell off his land or not — and acquired possession of 589.13 hectares of land on papers. The farmers’ counsel said that the physical possession of the land had not started by that time.
In the coming few days, the court would be giving out verdicts about alike petitions which comprise of at least eight more villages from Noida Extension where developers have launched numerous housing projects.
On 20th July 2011, the villagers from Roja and Yakubpur villages are expecting to get another verdict from the high court on the petition filed by them, following which the petitions filled by the village residents from Bisrakh, Itehda, Haibatpur, Ghanola and Malcha would be decreed. On 26th July 2011, the petition filed by the villagers from Dewla is expected to be decided by the high court.
In Noida Extension, 12 projects from 11 builders are affected that include:
- Supertech Eco Village
- Nirala – Nirala Estate
- Patel Group – Neo Town
- Arihant – Arden Arihant
- Eros group – Sampurnam
- Amrapali – Leisure Park, Spring Medows
- Panchsheel – Hinish
- Stellar- Jeevan Project
- Earth Group – Towne
- Paramount – Emotions
- Ajnara
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Tarlochan Singh said
I am very happy with the High Court’s decision, this is the first time that poor farmers get something in favor, otherwise only the rich builders are getting benefits from these deals. It is not the case of Noida Extension it is everywhere. I am also a victim of such fraud in Punjab. My land was in Patiala (baran Village) and it was acquired by PUDA (PDA) in 2002 on the name of city welfare and then given to OMAXE PVT ltd. Puda paid us compensation of just INR 100 per sq yard and now they are selling it at the rate of 16,000 Per Sq Yard to 1,50,000 Per Sq yard. It simply means Govt and the builders are earning in the billions and poor farmers are coming to roads.
I am totally disagree with Director General, National Real Estate Development Council (NAREDCO) Brig RR Singh (Retired)’s appeal, He is saying that it is effecting the life-time savings of thousands of home buyers , But why dont he is looking the other side of the coin.. where the farmers have lost the savings of their many generations. In my case my Grandfather Bought the land with hard work and my father has given all his life to make that land fertile and now when here is the time to get the profits from that land, they have kicked us out from that land.
Govt and other institutions which are involved in these scams are looking just for their pockets and short terms profits, but they are not looking that they are killing the strongest middle class of India i.e. farmers. It is the backbone of Indian Economy. The way these land mafias are working day is not far when the capital of the India will be in the few hands and there wont be any middle class and only Upper and Lower class and it will become to the stage where Pakistan is standing at the moment.
I am once again Thankful to Indian Judiciary’s effort in saving farmers and saving India. I would also appeal to the media to highlight our case in front of the people, as we are waiting our case’s decision for 10 long years and we are still no where in getting right compensation or our lands back, But this Order of Allahbad High Court has given as new hope of life.
Tarlochan Singh
vill barana, Patiala
dtfriendship@hotmail.com
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