Posts Tagged Land Acquisition Act

Allahabad High Court scraps another Noida Extension acquisition

July 20, 2011 at 10:25 am · Filed under Builder, Commercial Property, Delhi, Finance, Growth Investing, India Real Estate, Indian Properties, Indian Real Estate, Investing, lawyer, legal, Loans, Marketing, NCR Region, Pre-owned homes, Properties, Prospecting, Real esate, Real estate trends, Reality Firms, Residential Property, Selling ·Tagged , , , , , , , , , , , ,

noida extension atoneplaceOn 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:

  1. Supertech Eco Village
  2. Nirala – Nirala Estate
  3. Patel Group – Neo Town
  4. Arihant – Arden Arihant
  5. Eros group – Sampurnam
  6. Amrapali – Leisure Park, Spring Medows
  7. Panchsheel – Hinish
  8.  Stellar- Jeevan Project
  9. Earth Group – Towne
  10. Paramount – Emotions
  11. Ajnara

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Supreme Court defends Greater Noida land judgment

July 15, 2011 at 4:57 am · Filed under Builder, Finance, Growth Investing, India Real Estate, Indian Properties, Indian Real Estate, Investing, legal, Loans, Marketing, NCR Region, Pre-owned homes, Properties, Prospecting, Real esate, Real estate trends, Reality Firms, Referal, Repatriation, Residential Property, Selling ·Tagged , , , , , , , , , , , , , , ,

The morning of 6th July 2011 brought new ray of hope for the famers of Shahberi village as the Supreme Court defended the judgment for cancellation of huge area of land allotted by Greater Noida Authority (GNA) to real estate developers. This decision of the Court has shattered the dreams of the developers of earning huge revenues as they had launched or were planning to launch new projects in the area.
A bench including Justices G S Singhvi and A K Ganguly sternly condemns GNA for granting approval to developers for illegally changing the land use from industrial to residential purpose and enforced a cost of Rs 10 lakh on the same. The bench also stated that the money will be spent to help poor litigants to fight their cause in Supreme Court.
The Bench rejected the pleas raised by the developers and the Greater Noida Authority and further added that the judgment given by the Allahabad High Court regarding cancellation of the possession of agricultural land in Shahberi village was right. The HC in its order had said that it was misuse of executive power and the purpose behind it was to deceive people as result it was indefensible under the Land Acquisition Act.
The developers who have been asked to abandon their projects include Amrapali, Ajnara, Supertech, Mahagun, Panchsheel, SJP Infracon and Gulshan Builders. The Greater Noida Authority has allotted 4 lakh square meters of land to these builders.
What killed the case of Greater Noida Authority was the transfer of the land in Shahberi village to these developers ahead of the Uttar Pradesh Government’s approval to its request to alter the land use from industrial to residential purpose.
The U.P. Government had purchased the land in Shahberi village for industrial purpose to plan future developments in Greater Noida. Taking into consideration the Collector’s report which shows that 185 farmers, who are the original owners of the acquired land, would be left homeless due to this land acquisition by the GNA, the bench repetitively asked the Authority to be sympathetic and understand the grief of the peasants.
What annoyed the bench was the transfer of the acquired land to builders that is barefaced violation of Land Acquisition Act and expecting an adverse judgment from the Allahabad High Court. It also stated that the authorities have to act only in public interest only where as in the current scenario the Greater Noida Authority was serving private interest and deceiving the purpose of public interest.
The developers reasoned the ruling by stating that they had no trace regarding the transfer of acquired land in their name without obtaining clearance before the change of land use from industrial to residential and wanted to defend the interest of thousands of investors and customers who have already put in their money in these housing projects.
On this plea, the Supreme Court said that it was the developers who were behind the scene when the Greater Noida Authority transferred the acquired land for residential purposes without approval.
A great model of land aggregation where all the parties i.e the govt authorities, the developer, the farmers and the home seekers would have benefited went wrong due to the greed and mishandling of the government officials.
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