Hi all,

I've been a read-only member of IREF for almost 1 year. Writing this post as a "Thank You" note to all members for providing such useful & insightful discussions... especially members like Mr. Bajaj, Venky, and Zohaib.

The occasion is a very sad one though (SC decision on NExtn)...


Now to business:

1. This post from 'fritolay_ps' points to the fact that Section 17 has been in place in GB Nagar for the past many years.

--> http://www.indianrealestateforum.com/186696-post71.html


2. Digging deeper... here are some direct links to HC and SC judgments on this issue going back to 2002. The landmark SC judgment that started this current firestorm is marked (KEY). Please note that every HC will now quote this SC judgment.

--> Deepak Kumar vs Collector, Gautam Budha Nagar And ... on 11 January, 2002 (although the case is an internal dispute, the judgment clearly mentions Section 17 being in force etc.)

--> http://www.elaw.org/system/files/SC+order+on+right+to+property.pdf (KEY judgment from SC that every HC will now utilize)


3. The SC judgment rationale talks about "emergency powers" as the main issue and that revoking the "right to be heard" colors land acquisitions.

--> This implies that accepting compensation or not (by the farmer) is irrelevant. It might also imply that 'kararnama's are coerced "a priori" and hence irrelevant as well - this is still a legal grey area.


4. There are people claiming that NA will now never allow the farmland under dispute to be converted to residential/commercial. The answer to that is that in RE and politics it pays to never say never. Tomorrow equations will change between BSP & Congress and there will be new administrators in NA etc etc... it's a never ending merry-go-round.

THE MAIN POINT

The main point of this post is that people who have bought apartments in NExp/7.xx sectors should not be under any illusions.

Legally, the precedent set in cases related to NExtn. and YEIDA also applies to NExp/7.xx sectors since these too were acquired under Section 17.

While this is not the time to panic... it is definitely a time to keep a close eye on legal & political developments in Noida.

Regards,
- varun

Note: This is merely my interpretation of law and I would welcome informed inputs by people who've taken the time to read and understand these judgments.
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  • while you are right that anything can happen in RE, do you have any concrete info of court cases or disputes by farmers on any sector 7x and expressway lands. without this info, your post is just fear-mongering. of course it's plausible, but then world ending tomorrow is also plausible, and by this logic, maybe all old sector land is also disputed and noone should buy there too.
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  • Not 7X SECTORS

    There is no issue as such with 7x sectors, please do not circulate rumours & make people panicky so that they may change their purchasing decisions.
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  • Originally Posted by alokgarg
    while you are right that anything can happen in RE, do you have any concrete info of court cases or disputes by farmers on any sector 7x and expressway lands. without this info, your post is just fear-mongering. of course it's plausible, but then world ending tomorrow is also plausible, and by this logic, maybe all old sector land is also disputed and noone should buy there too.


    If this fire spreads ( which i am sure it will ) - anything done under BMW will be affected - someway or the other.

    Regards
    Sbajaj
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  • >> To Pranjan Das & Alok Garg

    Thanks for your comments.

    My post points out that the SC has set a "legal precedent". This is not a rumor but a fact. Any politically motivated person can now use this legal precedent.

    >> To Mr. Bajaj

    Exactly my sentiments. I've invested in NExp. myself... but that's no reason to stop thinking independently / ignore new developments or not admit mistakes.


    -v
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  • NOTE:

    This clause has been used not only by UP..but many states in India...its NOT new...

    If a certain area of land has been fully acquired by authority....compensation fully paid....and no court case by farmer for that land.....then ITS TOTALLY SAFE....ABSOLUTELY NO ISSUES....EVEN IF FARMER WANTS TO BE GREEDY ..NOTHING CAN HAPPEN...

    Noida expressway land has been acquired long time ago....it has no issues at all

    As per reports 22 pecent of NE has issues...78 p.c is safe....now THIS needs to be confirmed that which is that 22 percent...
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  • At this point of time, no land in noida/gnida is secure which was acquired after 2008. u just need to wait and watch and keep your money safe, as sfe as possible.
    cash is king.
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  • >> To Zohaib

    Thanks for your reply, but I respectfully disagree.

    Yes, Section 17 has been applied many times over many decades, but it is only in the last few months that these SC judgments have come.

    The political climate is also terrible.

    >> To Munish

    Correct. I don't like to be prescriptive, but NExtn/YEIDA buyers should seek refunds and NExp/7.xx buyers should keep a watch for upcoming cases.

    Those with cash can look at IP or RTM (registered properties) in Noida/GN.

    -v
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  • Just stay away from NE till the dust settles. Don't invest as long as you see some of the builders in clean areas are starting construction again.
    People who are already invested should wait as long as they could to see what pans out of their project or negotiate with builder to have an easy way put. Some of the builders are moving the buyers to another location, so see if you are getting a good deal in those new projects.

    Looking at the way SC made the decision, it seems like the land actually listed in this hearing is going back to farmers. I don't see any other way around it that farmers and builders can negotiate. NA already got scolded from SC about their behavior and I don't see them approving this land for residential purpose, which means no utilities etc.
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  • Added new info re: related SC judgment of 1998

    Hi everyone,

    As some members requested, I've unearthed the last significant SC judgment pertaining to Noida land acquisitions. This was way back in 1998 in a dispute around Sectors 44/43 and that NA won... unlike in the current judgment where NA lost.

    Om Prakash & Anr vs State Of U.P. & Ors on 15 July, 1998

    The SC clearly points out that "mala fide" intention of Govt. is an important factor (search for "POINT NO. 3" in the judgment). In the 1998 case, NA won because acquisition was clearly for "public good". Obviously, handing over land acquired under emergency clause to builders will be tough to justify as "public good" in current/future cases.

    The one positive thing I can make out is that the amount of construction that has happened is also an important factor. This bodes well for some of the almost RTM projects like 3C LB/LP, Amrapali Sapphire, Mahagun Moderne etc.

    -v
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  • Going by the SC order, no land in this country acquired by any Authority like GNIDA is safe because most of the land in most States have been acquired under this clause. So if the problem is in Noida now, it will be somewhere else. I think this whole issue has not been handled the way it should have been. I was expecting a solution to this problem by SC not such a judgement which is sadly providing no solution to the poor middle class investors.
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  • Thanks Varshar for so nice info...
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