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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