Latest: HC - Builder can not be party in Patwari village case. 9 Builders have put application.

HC : SC has not made builder as party in earlier case so HC can also not make Builder as party for this case

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न्‍यूज फ्लैश: इलाहाबाद हाईकोर्ट ने कहा कि बिल्‍डर्स को पार्टी नहीं बनाया जाएगा - Aaj tak
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  • THe HC has done the right thing by initiating a platform for discussion to diffuse the issue. The builders have been kept outside the discussions but they will be in the heart of it from the background.
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  • पतवाड़ी के किसानों ने कोर्ट में दाखिल की केविएट


    ग्रेटर नोएडा।।
    पतवाड़ी गांव के किसानों ने हाई कोर्ट में जमीन अधिग्रहण को लेकर मुकदमा जीत जाने के बाद सुप्रीम कोर्ट में केविएट दायर कर दी है। किसानों ने सुप्रीम कोर्ट में केविएट दायर कर कहा है कि ग्रेटर नोएडा अथॉरिटी व बिल्डर अगर हाई कोर्ट के फैसले के खिलाफ सुप्रीम कोर्ट में अपील दायर करते हैं और मामले में कोर्ट में सुनवाई होती है, तो इस दौरान कोई भी फैसला देने से पहले किसानों को भी सुना जाए।

    पतवाड़ी गांव के किसानों के वकील प्रमेंद्र भाटी ने बताया कि नोएडा एक्सटेंशन एरिया में पतवाड़ी गांव के किसानों की 468 हेक्टेयर जमीन को ग्रेटर नोएडा अथॉरिटी ने अर्जेंसी क्लॉज लगाकर अधिग्रहण कर लिया था। किसानों को धारा 5ए में अपना पक्ष रखने का मौका भी नहीं दिया गया।

    जमीन अधिग्रहण के विरोध में किसानों ने इलाहाबाद हाई कोर्ट में याचिका दायर की, कोर्ट ने पतवाडी की 468 हेक्टेयर जमीन का अधिग्रहण रदद कर दिया। अब इस मामले में अथॉरिटी सुप्रीम कोर्ट में एसएलपी दायर कर सकती है। उन्होंने बताया कि पतवाड़ी गांव के किसान प्रमोद, सुशील, राजीव, संजय और प्रकाश ने सुप्रीम कोर्ट में केवीएट दाखिल कर दी है। 20 और किसान केविएट दाखिल करेंगे।

    -navbharat times
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  • ‘इंडस्ट्रियल टाउनशिप के नाम पर ही अधिग्रहण’

    ग्रेटर नोएडा। प्राधिकरण सीईओ रमा रमन ने स्पष्ट किया है कि जब भी किसानों से जमीन ली जाती है तो वह इंडस्ट्रियल टाउनशिप के नाम से ही होती है। उसमें उद्योग, कामर्शियल, संस्थागत और आवास के लिए मास्टर प्लान के मुताबिक भाग बांटा जाता है। मास्टर प्लान में भू-भाग के उपयोग का अनुपात बदला नहीं जा सकता है। अगर कहीं जरूरत के मुताबिक लैंड प्रयोग बदला भी जाता है तो उसे दूसरी जगह पर शिफ्ट कर दिया जाता है।
    प्राधिकरण सीईओ ने अमर उजाला को बताया कि भूमि अधिग्रहण में अर्जेंसी प्राधिकरण के गठन १९९१ से प्रयोग किया जा रहा है। उसमें प्राधिकरण की मंशा रही है कि जमीन लेने के दौरान किसानों का हित भी ध्यान में रखा जाता है और जो विकास की कल्पना की जाती है, उसका आधार तैयार कर लिया जाता है। ताकि अवैध निर्माण समेत अन्य काम न हो सकें। उदाहरण दिया कि सूरजपुर, कुलेसरा, देवला आदि गांव में जमीन अधिग्रहण के दौरान लंबी प्रक्रिया चली तो उसका परिणाम यह हो चुका है कि स्लम बन चुका है। कई बार अतिक्रमण हटाने का प्रयास भी किया लेकिन प्रशासन को विरोध के चलते कामयाबी नहीं मिली।
    उन्होंने बताया कि बिसरख की ६०८ हेक्टेयर, हैबतपुर २४०, इटैड़ा ३२०, चिपयाना बुजुर्ग १०५, खानपुर १८७, पतवाड़ी ५८९, रोजा याकूबपुर ४६९, देवला १६१, घोड़ी बछेड़ा ५८०, सैनी २९९, खैरपुर गुर्जर ३२१, घंघोला २४२, मायचा ३४३, तुस्याना २९३, साकीपुर ११०, हजरतपुर ७३, खेड़ा चौगानपुर ८६ और खानपुर की १७४ हेक्टेयर जमीन अधिग्रहण के दौरान अर्जेसी का ही प्रयोग किया गया है। इन गांवों में किसानों को भी आबादी का लाभ दिया गया है।

    -Amar Ujala
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  • Window opened for out-of-court solution

    Allahabad: All petitions against land acquisition in Noida and Greater Noida have been referred to the chief justice of the Allahabad High Court.Acquisition of more than 3,000 hectares of land spread across nearly a dozen villages had been challenged by farmers on the plea it was taken by the state government by invoking the urgency clause under Section 17(1) and 17(4) of the Land Acquisition Act which deprived them of an opportunity to raise objections as well as to bargain for a better compensation.The fate of about 50,000 people who have invested in housing projects in Noida Extension as well as over a dozen real estate developers also hinges on the final verdict.

    The court,while referring the matter to the Chief Justice,said that those Patwari petitioners who wished to approach the authorities concerned with their grievances and reach an out-of-court settlement,could do so by August 12.The bench further observed that those who arrive at any agreement with the authorities during this period would have to inform the court on the next date of hearing,August 17,with full details about the relief agreed to,be it higher compensation or return of the acquired land.
    Earlier in the day,another division bench had recused itself from hearing a petition filed by farmers of Deola village,who had challenged acquisition of 107 hectares of land belonging to them.

    The bench of Justice R K Agrawal and Justice Sunil Hali had released the matter from its jurisdiction and referred it to the Chief Justice with the request that the petitions be placed before an appropriate bench.All the petitions are now likely to be heard together by a larger bench of the court on August 17.Tuesdays hearing commenced with a number of farmers from Patwari village seeking relief in the light of the July 19 court order which quashed acquisition of 589 hectares of land in the same village.The petitioners had contended that since an order had already been passed in favour of other farmers from their village they too be granted similar relief as their land had been acquired by the state government in a similar fashion.

    The farmers plea was opposed by builders involved in housing projects in Noida Extension area,who contended that orders quashing acquisitions were affecting them as well as those who had invested their earnings,without any fault on their part.

    The builders submission was strongly opposed by the farmers,who submitted that in the course of hearing on the petitions relating to Patwari village,the state government had deliberately concealed the fact from the court that the acquired land had been given away to builders and therefore the builders must not be given any benefit of doubt.
    The court said both the farmers as well as the builders could place their grievances before the larger bench to be constituted by the Chief Justice for hearing matters relating to land acquisitions in Noida and Greater Noida.

    The state government had opposed the plea of the farmers and requested the court to refer the matter to a larger bench as two division benches had already upheld the validity of the notification in respect of Patwari village while the third had quashed the notification on July 19.

    Appearing for the state of UP,a senior Supreme Court lawyer L Nageshwar Rao,assisted by M C Chaturvedi,chief standing counsel,had pointed out that the third division bench had no option except to refer the matter to a larger bench and made known their disagreement with the earlier two benches.

    -TOI
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  • Farmers say court order major victory

    Gr Noida Authority Will Have To Come To Table On Their Terms,They Say


    Greater Noida: Allahabad High Courts decision on Tuesday to defer hearing farmers petitions seeking denotification of Noida Extension villages has revived hopes of reconciliation between farmers and Greater Noida Authority.However,as the court directed the Authority and the farmers to renegotiate the land deal till August 12,homebuyers will have to keep their fingers crossed a few weeks longer.

    While the jury is still out in the case,villagers across Greater Noida celebrated the courts order as a vindication of their stand.Although the hearings have been postponed,we have been given a chance to settle our grievances on our own terms now, said Ajay Bhati,headman of Bisrakh village that is seeking return of the single largest land parcel in Noida Extension around 608 hectares with 50,000 housing units planned on it.
    In villages such as Itehda,Roja Yakubpur,Haibatpur and Ghanghola also,the mood was almost jubilant.All these villages have been protesting ever since the acquisition process began.Almost 50% of the villagers have not claimed compensation even four years after their land was acquired, said Narender Singh Bhati of Bisrakh.

    The compensation was meagre,our a b a d i(habitation) land was acquired as well,and the land use was changed from industrial to residential.When we complained in 2010,FIRs were registered against many of us and a dozen villagers,including me,had to court arrest for about 10 days, said Narender,adding,We have maintained since the beginning that we are not against development,and now finally we will get the Authority to hear out all our grievances as they will have to follow the Courts directions, he added.

    Encouraged by Tuesdays court order,the villagers now say they are confident that the Authority will not be able to go back on its word this time.

    The ongoing issue is not simply about compensation amounts,and I want to make it clear that farmers are not greedy.Our farmlands were taken away for setting up industries.Many then thought they would get jobs and other development benefits and took whatever meagre compensation was being given.But finally,the land was given away to private builders at much higher rates.We realised we were being cheated, said Ajay Bhati.
    If the Authority now initiates a positive response and is willing to hear us out,we will negotiate with them, said Dal Chand Tyagi of Roja Yakubpur village that is seeking denotification of 468 hectares,the second largest are after Bisrakh.Eleven developers already have housing projects coming up here.

    In a clear U-turn from their earlier anti-Authority stance,the villagers,since last week,have been claiming that they are willing to renegotiate with the Authority against a suitable compensation package. Yet to decide on the rate of compensation they want and the list of other rehabilitation benefits,the farmers are now busy scheduling a meeting to chalk out their negotiating conditions.

    A mahapanchayat will be organised soon and all the village heads will together work out a detailed demand list to negotiate with the state, said Roop Chand,headman of Itehda village that is also among the petitioners.It is seeking denotification of around 300 hectares of land.

    -TOI
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  • Is patwadi also be included in the 17th august decision.
    What i mean is that for villages shahberi,patwadi where the decision is already made, so court has said to do out-of-court for all noida extension. And incase not done it hear the case again for all the villages or the remaining one.
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  • Chief Executive Officer of Greater Noida Authority Rama Raman on tussle over land acquisition in Noida Extension and the agency’s plan for the future.


    What are the measures the Authority is working on to give respite to the investors and farmers?

    We are in talks with farmers and majority have accepted that the main demand is to get better compensation. We have been told that Uttar Pradesh has a strong land acquisition Act and compensation is better than other states. If we have given Rs 200 less than other states, we have compensated it with other benefits and perks — 7 per cent of developed land and payment of a certain amount till 33 years — so that farmers will have constant source of income.

    In a few cases, the court has ruled in favour of farmers on issue of urgency clause. Did any official raise the issue that objections of the farmers should be heard at the time of acquisition?
    I agree that (our) legal department should have been prepared for a situation where farmers challenged land acquisition. The court rulings have been on the ground that objections were not heard. Land has been acquired invoking the urgency (clause) and no objections were heard. It has been this way since the Authority and the Act were formed. I think no one could gauge the implications of not hearing the objections. Hearing of objections could take us almost 10 years to acquire land of a village.


    What do you have to say on the allegations that the Authority acquired land in the name of industrial development and then sold it to builders?

    The Authority acquires land for Planned Industrial Development. We acquire as per the master plan, passed by the board of members. We develop the city as a township, and not give land only to industries. We have earmarked a percentage of land as institutional, residential, green belt, commercial and industrial. We have not changed the percentage of industrial land earmarked in the master plan, but just improvised it by shifting industries to other sectors where they would not disturb the residential part of township. The villagers would object if industrial land would be allotted near their village. We are targeting a highly planned city.

    What if farmers do not accept your proposal for increased compensation? Are you also incurring losses in Noida Extension?
    We will fight the legal battle as we are doing now. Finally, we will acquire land afresh and they have to give it to us ultimately as it is a notified land. We took a short term loan of Rs 2,000 crore out of which Rs 1,600 crore have been spent on the development of Noida Extension. We are paying Rs 40 crore as interest every month. We were expecting Rs 1,400 crore as first installment from the builders. This has been withheld. So, it is not just builders and investors who are incurring losses.









    -RPS yahoo group
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  • The Greater Noida Authority is in talks with farmers to resolve the ongoing crisis at Noida Extension and is ready to give “reasonable” compensation, officials said on Tuesday. They pointed out that failure to reach a common ground would set back development of the area by almost a decade.

    Officials said the decision of farmers from different villages varies on acquisition issue.

    A senior official, who is mediating with farmers, said a few farmers are ready to strike a deal with the Authority and are asking for higher compensation. Another set of farmers is asking for an “unreasonable” amount as compensation which the Authority is not ready to grant. The third set does not want to give up its land.

    The farmers who do not want to give away their land will be returned the land, following which fresh acquisition will be done and objections heard, officials said.

    “We are optimistic that the farmers will be willing to deal with us. We will give them Rs 200 to Rs 300 additional compensation per square metre, but we refuse to bow to those who want additional Rs 1,000 per square metre,” said Rama Raman, the Authority CEO, adding that the land is notified by the GNIDA.


    “If farmers disagree with the acquisition (terms) then, according to court orders, we will have to hear the objections during (fresh) acquisition. We are not told to not acquire the land. The problem with hearing objections is that if farmers disagree, they can go to the High Court and Supreme Court, which will take years to settle the issue for every acquisition and fresh acquisition,” a senior official said.

    -RPS Yahoo group
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  • GNIDA, builders approach farmers for settlement


    With High Court setting August 12 deadline, Greater Noida Authority (GNIDA) and builders on Wednesday initiated frantic negotiations with farmers, who have challenged acquistion of their land, offering them annuity, cash incentive and other sops.

    The Authority held talks with affected farmers and their leaders and briefed them about the new rehabilitation policy and benefits, GNIDA officials said.

    The Allahabad High Court had on Wednesday said that the farmers had an option to reach out-of court settlement by August 12 after which their petitions will be taken up by a larger bench.

    Beside land compensation under the new scheme, farmers will get annuity of Rs. 23,000 per acre for 33 years, the officials said, adding the farmers can also collect one time payment if they desire.

    "The rate would be Rs 2.76 lakh per acre," they said.

    A majority of the farmers feel that the land was now unfit of cultivation but were wary of negotiating with the builders.

    Builders whose projects now face an uncertain future, deputed their agents to contact the farmers. "Builders have offered Rs 2000 to Rs 3000 per square meter of additional amount.

    "However, it the only the Authority which can solve our abadi land disputes so the farmers want the negotiations to be held through the body instead of directly with the builders," said Sukhvinder Bhatti, a farmer.

    "We do not want to create hindrance in the development of the city. We too want development. But our main concern is that we should get share in profit," said another farmer Raj Kumar.

    A majority of farmers in villages other than from Shaberi have taken land compensation through mutual agreement which they had spent on marrying their children or buying luxury cars and building houses. "Now they will prefer the option of settlement as they cannot refund the money," said another farmer Tej Singh.

    "The matter would be resolved if the Authority takes into account the farmers' concerns and agrees to part with a share of profit," said Dushyant Nagar a farmer leader.

    Acquisition of more than 3000 hectares of land, spread across nearly a dozen villages, has been challenged by the petitioners who have alleged that their land was acquired by the state government by invoking "urgency clause" which had deprived them of an opportunity to raise objections as well as to bargain for a better compensation.

    The fate of thousands of people, who have invested in housing projects in the Noida Extension area, as well as over a dozen real estate developers also hinges on the court verdict.

    Meanwhile, Noida Chairman Balwinder Kumar continued his drive to pacify the farmers. He visited Sadarpur and other villages and promised to hand over five per cent of developed land and resolve abadi land issues.


    GNIDA, builders approach farmers for settlement
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  • Farmers Must Get Land's Potential Value: KP Singh, DLF


    DLF ChairmanKushal Pal Singh termed the ongoing farmer agitation overland acquisition a 'revolution' and said farmers whose land is acquired must be paid the potential value of their property and not merely the current market value. But the head of India's largest real estate company said he was not in favour of retrospective compensation as it would set a grave precedent for all land deals across the country.

    Land acquisition for industrial and residential projects has become a controversial issue with farmers demanding higher compensation in Noida Extension, on the outskirts of Delhi, which they claim was acquired at throwaway prices under the pretext of urbanisation.

    Last week, the Allahabad High Court directed that land inNoida Extension be returned to farmers, sending ripples across an industry hit by high home loan rates and low sales. "I believe this agitation will eventually settle down. Two revolutions are happening today. One is a revolution related to transparency and the second is related to acquisition of land. Without land, how can you have development of roads, highways, townships, etc? But it must be done based on rationality. If the government is able to settle these issues in the new Bill (upcoming land acquisition Bill), then we will be a winner, otherwise we will continue with the problem," Singh said in an exclusive interview.

    He blamed people living in cities who make laws for the poor without understanding their issues. "All policy framework since Independence has been done by urban people. There is no true representation from rural areas."

    Singh urged the government to make rehabilitation integral to land acquisition in the new Bill and said instead of a one-time payment, an annuity-linked payment system stretching over a period of time should be devised.

    "Land is an emotional issue for the farmer in India. You cannot deal with his reaction by giving him money. Pay the money, but pay the right money," he said, pointing out that in Haryana farmers receive annuity for 30 years. Singh suggested that land acquisition should be left to private builders, and the government should intervene only to acquire those pockets where farmers are not willing to give up land.

    -Economic times
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  • पतवाड़ी के किसान सुप्रीम कोर्ट जाने की तैयारी में

    ग्रेटर नोएडा।। जहां एक ओर अथॉरिटी पतवाड़ी गांव के किसानों के साथ फैसला करने के लिए प्रधान को लेटर भेज रही है। वहीं पतवाड़ी गांव के किसानों ने हाई कोर्ट के फैसले के खिलाफ सुप्रीम कोर्ट में एसएलपी दायर करने का फैसला लिया है।

    किसानों के वकील प्रमेंद्र भाटी ने बताया कि पतवाड़ी गांव में जमीन अधिग्रहण के मामले में 19 जुलाई को हाई कोर्ट ने जमीन अधिग्रहण रद्द कर दिया था। उन्होंने बताया कि 26 जुलाई को हाई कोर्ट में हुई सुनवाई में पतवाड़ी मामले को भी बड़े बेंच में शामिल कर दिया गया है।

    हाई कोर्ट के इस फैसले को किसान सुप्रीम कोर्ट में चुनौती देंगे। उन्होंने बताया, सुप्रीम कोर्ट में पहले करीब 20 किसान एसएलपी दायर करेंगे। इसके बाद अन्य किसान जाएंगे। वकील प्रमेंद्र भाटी ने बताया कि 19 जुलाई को हाई कोर्ट में सुनवाई के दौरान पतवाड़ी के किसानों की याचिका पर सुनवाई करते हुए हाई कोर्ट ने 589 हेक्टेयर जमीन अधिग्रहण रद्द कर दिया था।

    किसानों ने हाई कोर्ट में गुहार लगाई थी कि उनकी जमीन को अथॉरिटी ने इंडस्ट्री लगाने के लिए अधिग्रहण किया था, लेकिन जमीन बिल्डरों को अलॉट कर दिया। पतवाड़ी के बीस किसान हाई कोर्ट के फैसले के खिलाफ सुप्रीम कोर्ट में एसएलपी दायर करेंगे। इसके लिए किसान पेपर वर्क करने में लगे हैं।

    -Navbharat times
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  • Fighting alone, plot owners exposed to fate, fear & touts



    NOIDA EXTENSION: From being the envy of their friends, relatives and colleagues to being reduced to the most desperate straits, the winners of Greater Noida Authority's draw for housing plots in 2008 have seen it all. Today, with the fate of entire Noida Extension looking uncertain, these 4,000-odd plot owners must fend for themselves.

    Unlike the roughly one lakh apartment buyers, whose fates are intertwined with those of their builders, and both of whom have been fighting to be heard through their associations, the plot owners are singly left to their own resources. They spend sleepless nights agonizing over the outcome of the farmers' petitions before Allahabad High Court, and are hounded throughout the day by agents who want to frighten them into making distress sales.

    "When I got this 200 sqm plot in Noida Extension in a draw in 2008, I was told that I was very lucky," says Saket Budhiraja, who got his plot in the 2008 draw among lakhs of applicants. "Three years down the line, I don't know where my fate is headed" he says.

    More than a thousand plots were allotted in different categories in just sectors 2 and 3. "A very conservative estimate would put the total figure of individual plot buyers in Noida Extension at more than 4,000," said a property dealer who did not wish to be
    identified.

    "The scheme was launched with fanfare; brochures and prospectuses were sold through banks and street-side stalls, and the money was pocketed by Greater Noida Authority," says Budhiraja, adding, "I have paid more than half of my installments, partly through bank loans and partly from my own savings". Although he was to be handed over his plot in 2014, Budhiraja couldn't trace it on the ground when he visited the site.

    While flat buyers have united under different project-specific groups, as also under the Noida Extension Flat-Buyers' Welfare Association (NEFBWA), which is an umbrella organisation of flat buyers in Noida Extension, to fight their case, the plot owners have failed to unite because they were never told who their neighbours were.

    Another plot owner, Sumit Bansal, who works with a private sector firm in Noida, feels his luck has run out on him. "I don't even know whether I should deposit the next installment, which is due for payment soon, with Greater Noida Authority," says Bansal. "I had been sick for the past several weeks and my tensions have grown with this land issue. I haven't even been able to contact Greater Noida Authority," he adds. Bansal had won a 120-sqm plot in Sector 3 of Noida Extension in the 2008 draw.

    Anupam Tiwary, a 25-year-old working with an airline, was considered lucky by his family when his name popped up in the lottery of 2008. "My father had drawn a lottery ticket in my name under this scheme," says Tiwary, who, too, is paying installments to Greater Noida Authority for the 120-sqm plot that he had won in Sector 3.

    However, all that luck has to offer Tiwary these days is calls from numerous smalltime property dealers operating in Noida Extension. "They try to coax me into selling my land, now that they know that the stakes are low," says Tiwary. However, he is determined to not dispose of his land under their pressure.

    "Right now, I am still saving from my salary to pay for the possession of the plot," says Tiwary.

    -TOI
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  • It is now action plan for YExp
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  • Land Sold at No-Profit-No-Loss: Greater Noida Authority

    In the wake of controversy over land acquisition for the Yamuna Expressway, the Greater Noida Industrial Development Authority today clarified that the land acquired from farmers for development is sold at no-profit-no-loss basis.

    "Cost of land per square meter calculates to Rs 11,000 (per square meter) for the Authority," Chief Executive Officer Rama Raman told reporters here, adding that the land is purchased as well as sold at the same rate.

    Giving the break-up to explain how the amount settles at Rs 11,000 per square meter, he said, "Rs 850 per square meter is land compensation cost. For internal development, expenditure is Rs 1,500 per square meter. It includes internal sector roads, electric poles and transformers and other infrastructure. External cost is Rs 850 per square meter which includes construction of wide roads, Expressways, for better connectivity."

    Raman said the third expense is special development such construction of hospitals, schools, fire stations and other infrastructure needed. "Its expenditure calculates to Rs 1,600 per square meter," he said.

    "Beside these there are other expenses. Total cost per square meter calculates to Rs 5,500. Only 50 percent land is available for sale as rest goes in development of roads and parks. The actual expenditure per square meter land to authority calculates to Rs 10,500 to Rs 11,000 per square meter," he said.

    Raman said the price is fixed at Rs 10,000 to 11,000 per square meter for residential plots while industrial and institutional land is sold at subsidised rates of Rs 3,500 to Rs 5,000 per square meter.

    The loss from these allotments is recovered from sale of commercial allotments, he added.

    news.outlookindia.com | Land Sold at No-Profit-No-Loss: Greater Noida Authority
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  • Originally Posted by fritolay_ps
    Land Sold at No-Profit-No-Loss: Greater Noida Authority

    In the wake of controversy over land acquisition for the Yamuna Expressway, the Greater Noida Industrial Development Authority today clarified that the land acquired from farmers for development is sold at no-profit-no-loss basis.



    I hope farmers understand this...they have to understand this.... and if they do...settlement might be possible very soon
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