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- 'Noida land acquisition ruling pro buyers'
New Delhi: Hailing the Allahabad High Court's judgement on Greater Noida land acquisition (including Noida Extension), builders today said existing home buyers will be immune to higher compensations to farmers although rates for future projects could rise by up to 15 per cent.
The developers also claimed there would be no impact of court's judgement to quash land acquisition of three villages -- Asdullapur, Yusufpur Chak Shaberi and Devla -- on builders as well as flat buyers as no projects were launched in these locations yet.
The High Court today ordered the Uttar Pradesh government to return to farmers land acquired in the three villages of Gautam Buddh Nagar district and pay higher compensation, which could be up to 64.70 per cent of the compensation paid earlier, to affected farmers of other villages.
"The High Court's decision is balanced, acceptable and in the interest of all stakeholders -- be it farmers, developers or flat buyers," Confederation of Real Estate Developers' Association of India (CREDAI) NCR Vice-President Anil Sharma told reporters here.
Asked about impact on buyers due to higher compensation by court, CREDAI NCR President Pankaj Bajaj said: "Existing buyers would be kept immune from cost escalation. But, there will be some price rise for future projects on account of rise in costs of land and construction materials".
The delay of about three months in construction works due to the ongoing legal hurdles will also leave an impact on the pricing of the future projects.
Sharma said the prices for future projects could rise by 10-15 per cent. He said the higher compensation ordered by the court would be borne by the Greater Noida Industrial Development Authority (GNIDA).
It will be unfair if the extra compensation to farmers is passed on to builders, he added.
On the court's order to quash land acquisition of three villages, Sharma said: "There were no projects and no development in these three villages. So, no one will be affected because of the order."
He said apart from Shahberi village at Noida Extension (part of Greater Noida), where the Supreme Court in July had upheld the Allahabad High Court's judgement to quash the acquisition, the construction in projects being developed in other villages will soon commence.
In Noida Extension, Sharma said about 2.5 lakh homes are being developed, out of which 15,000 buyers of seven housing projects belonged to Shahberi village.
Earlier in May, the Allahabad High Court had set aside notifications issued for acquisition of 156 hectares of land for "planned industrial development" in Greater Noida. Later, the Supreme Court also upheld the verdict.
In another judgement in July, the Allahabad High Court quashed acquisition of nearly 600 hectares of land in Greater Noida, affecting about 20,000 home buyers and 11 projects.
After these judgements, farmers of many villages in the area went to the High Court against land acquisition by the state government.
- HC sets aside land acquisition in Noida
Allahabad: In a setback to the Mayawati government and thousands of apartment buyers, the Allahabad High Court today set aside acquisition of land in three villages of Noida, Greater Noida and Noida Extension areas while ordering enhanced compensation to farmers of some other villages in Gautam Budh Nagar district.
The order was passed by a specially-constituted three-judge bench comprising justices Ashok Bhushan, S U Khan and V K Shukla on the writ petition of 491 farmers from more than a dozen villages in the district who have challenged the acquisition of more than 3000 hectares of land by the state government.
Owners of residential flats in the three affected villages - Deola, Chak Shahberi and Asadullahpur - will be hit by the ruling.
The court has ruled that affected farmers of these villages were "entitled to restoration of their land subject to the return of any compensation they have already received".
The court also ordered that "no further construction shall take place in the area unless approval for the same is given by the National Capital Region Planning Board".
The court took serious note of the fact that vast tracts of land in the district were acquired by invoking the urgency clause, for purpose of "planned industrial development", but were later handed over to private builders for construction of residential complexes".
"The Chief Secretary of the state is hereby directed to get an inquiry conducted into the entire process of allotment of land to private builders, by an officer not below the rank of Secretary, and submit its report to the state government".
A lawyer representing the farmers said, "There was a kind of a mafia working in collusion with the officials of the authority because the manner in which they had taken land was unfair".
"I have all sympathy with the investors, but the Supreme Court has said the dispute is purely between the farmers and builders," he said.
Surender Yadav, a farmer whose land in Itara village would fetch him compensation said, "We are not satisfied with this order. There is nothing new in it. We would have anyway got this deal two-three months back. If they don't scrap it, we will go to the Supreme Court".
The invoking of the Land Acquisition Act's urgency clause by the state government had been a major cause of resentment among the petitioners who had claimed that this had deprived them of an opportunity for raising objections and bargain for a better compensation.
Moreover, they had also been objecting to the change in "land use", pointing out that while the government notifications stated "planned industrial development" as the objective of acquiring their land, it was being later handed over to real estate developers for construction of housing complexes.
A number of builders and thousands of flat buyers who had invested in the aforesaid housing projects had also approached the High Court with the plea that any adverse order would badly affect them for no fault of theirs.
Development of Noida, Greater Noida and Noida Extension areas has been high on the priority list of the Mayawati government in the state.
However, over the past few years, acquisition of land for the purpose has become a volatile issue and the government has been finding itself in a spot on account of vociferous protests from farmers and vitriolic attacks from the opposition parties.
On May 12, the High Court had struck down the acquisition of 156 hectares of land in Shahberi village of Gautam Buddh Nagar, which was acquired in the name of "planned industrial development of Greater Noida", but was later sold to private builders.
The state government's appeal against the High Court was later struck down by the Supreme Court.
Buoyed by the judiciary's stance, aggrieved farmers began moving the High Court in droves.
As the matter grew in magnitude, with the fate of hundreds of farmers, several real estate companies and thousands of flat buyers at stake, the court decided to constitute a special three-judge bench to hear all these petitions.
- Gr Noida Projects to resume in a Month
The Allahabad High Court judgment has been welcomed by the authorities of both Noida and Greater Noida.
The Greater Noida industrial development authority has said all projects in Noida Extension would resume in a month, even though the court had stayed the projects till Greater Noida's master plan2021 was cleared by the NCR planning board.
“We had already sent our plan to the NCR planning board, seeking their suggestions and objections,“ said Rama Raman, Greater Noida chief executive officer. “Now that the court wants it approved by the planning board, we will get it done and all projects will resume in a month.“
The authority had already told builders to pay R2,250 more per sq m for funds spent on outof-court settlements. Plus, for fresh auctions, the authority has hiked the residential land price by more than 50%.
But the hiked compensation for the farmers might spell trouble for the Noida authority. The court has asked the authorities to pay 64% additional compensation and give 10% developed land to farmers.
But unlike the Greater Noida authority, the Noida authority had neither increased cash compensation, nor increased the area of plots given as part of rehabilitation benefits despite a sustained agitation.
Asked how the authority would allot bigger plots in the face of paucity of land and increased compensation, as it has maintained the quantum of relief paid could not be hiked further, Noida authority chairman Balvinder Kumar said: “Let us go through the judgment. We accept the judgment. It couldn't have been better. We will do the needful.“
- fritolay_ps, deserves a round of applause from everybody for keeping the forum up to date with the latest news .
Keep up the good work :bab (48):.CommentQuote0Flag
- :bab (56): Great contribution for keep updating all of us.Originally Posted by MANOJafritolay_ps, deserves a round of applause from everybody for keeping the forum up to date with the latest news .
Keep up the good work :bab (48):.CommentQuote0Flag
- Now one will see lot of farmers plots scattered both in Noida & G Noida.
This means lot of haphazard and poor quality houses with poor roads,sanitation & lot of commercial activities in these locations. This will be very bad for image of Noida.CommentQuote0Flag
- I agree fritolay has done amazing work in keeping everyone updated. english news or hindi !!CommentQuote0Flag
- Originally Posted by amarakbarNow one will see lot of farmers plots scattered both in Noida & G Noida.
This means lot of haphazard and poor quality houses with poor roads,sanitation & lot of commercial activities in these locations. This will be very bad for image of Noida.
Dont worry, these guys will finish off all there money in booze,cars and wrong business decisions , infighting in 3-4 years and after being sobered down will work as local watchman,doodhwala,paperwala etc in your locality.CommentQuote0Flag
- ‘Gr Noida Authority violated law’
Allahabad In its judgement on the petition challenging land acquisition, the Allahabad High Court passed strictures on the Greater Noida Development Authority for violating law, going ahead with construction activity, even creating third party rights, when it was under a statutory obligation to get its plans approved by the National Capital Region Planning Board.
The court stopped all development activity in Greater Noida until the authority got its Master Plan 2021 approved from the NCR Planning Board.
In its affidavit, the Greater Noida Development Authority had claimed that its Master Plan-2021 was approved in 2005, but the court cited correspondence between the NCRPB and the Authority showing that the plan was “not approved as yet”.
The court criticised the Authority for trying to conceal facts about the permissions it had to get from the NCRPB. “Concealment of facts by the Authority is with the intent and object to cover its lapses and to conceal the fact that its Master Plan-2021 has not yet been cleared by NCRPB,” the court said.
The bench said: “Although the draft Master Plan 2021 prepared by Greater Noida Authority is yet to be cleared by the board, the authority is proceeding to carry on development including allotments and creating third party rights which is nothing but a brazen act of complete violation of the provisions of the NCRPB Act, 1985.”
The court further said: “Greater Noida Authority cannot proceed to implement Master Plan 2021 till it is permitted by NCRPB. The Authority shall ensure that no development by it or by its allottees be undertaken as per draft Master Plan 2021 till the same receives clearance by NCRPB. We make it clear that it shall be open to carry on developments by Authority and its allottees as per earlier plan approved by NCRPB.”
Abhishek Srivastava, counsel for petitioners from Greater Noida villages, said the work will have to stop.
Barring three Greater Noida villages, where activity has been minimal and the land acquisition has been quashed, heavy activity is going on in other villages of Greater Noida.
In Patwari village alone, the respondents - the Authority, a private builder and also the interveners - told the court that work has been going on on at least 2.40 lakh sq m, allotted to the private builder. Also, the court was informed, 4,471 people have booked housing units in at least four sectors in the village - Tech Zone-IV, Sector 2 and 3, Eco Tech-I and Sector-4.
Out of these housing units, at least 70 per cent have been financed by banks or other such institutions. Projects of at least seven builders are going on at present. The story is similar in other villages also, where one or the other construction activity is going on. The court also expressed its concern on indiscriminate change of land use from industrial to residential, which has been noted by the NCRPB.
- Never it happened in History of India
That a city or area has become so famous before Birth of the city.
Now acros the India people are discussing Noida extension. By God. What will happen when this city comes into full swing.
But yes Noida extension is going to be very important city in future.
Originally Posted by amitgupta00Dont worry, these guys will finish off all there money in booze,cars and wrong business decisions , infighting in 3-4 years and after being sobered down will work as local watchman,doodhwala,paperwala etc in your locality.CommentQuote0Flag