We have been hearing lot of issues now in NE, Greater Noida region. It is now becoming bit risky entering the RE market in Noida and surrounding areas. Considering all the running projects of NE region which projects are looking the safest for now.

3C ? Jaypee ?
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  • Yes, court may cancel the acquisition if authority has not complied with the procedure but again it is subject to the degree of non-compliance and mindset of the Judge. If there has been gross non compliance of procedures which indicates that authority acted mala fide then court may cancel the acquisition.


    Originally Posted by cvs9903
    Dear Abhishek, even if the farmers accepted compensation and did not raise any objection within 6 months as per Rule 18 (b), can the courts cacel the acquisition if the authority followed a wrong procedure in acquiring the land in the first place?
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  • So far as the change of use is concerned, it is a settled legal proposition that once land vests in the State free from all encumbrances, there cannot be any rider on the power of the State Government to change user of the land in the manner it chooses. If by virtue of a valid acquisition of land, land stands vested in the State, thereafter, claimants are not entitled to restoration of possession on the grounds that either the original public purpose is ceased to be in operation or the land could not be used for any other purposes.


    What happened in Shaberi was that for changing the land use of land Authority did not wait for the approval of state government and alloted it to builders in a haste..Also in case
    of Shaberi Land havn't got transferred in authority name as the max farmers had not taken compensation and also those farmers aho had taken compensation also went to court along with others and thus land acquistion process could not get completed...
    Case of other land in Noida Esxtension and rest Noida \GNoida is not same as above...
    Land in whole Gautam BudhhNagar has been acquired in this way since last so many years......and Authority is fully empowered to acquire land in industrial use and change it to residential as residence is part of Industrial development...





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  • True. The Courts will not interfer into the statutory powers of the authority with regard to land use change. Only deciding factor is the procedural compliance and non-existence of malafide intention on the part of the authority. Is there any way (other than RTI as it takes considerable time) to find out what procedure the authority has followed in other areas of NE ?
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  • Guys as i told you earlier... land in whole Noida has been acquired using urgency clauses which the authority is empowered to .. but it varies from case to case as to what were the all steps and timing of all the decisions taken by authorities....and whether there were any cases filed so far...
    So filing of an RTI may give u information but how that information stands legally only courts may decide and even there High Court and Supreme Court may differ....
    Infact in the past Courts have even directed to initiate criminal cases against farmers who after taking compensation have approached courts on one pretext or the other as courts have taken view that farmers are doing all this with malafide intenstions to hinder the work of a legal allotte in greed of the money.....
    Even if u take the case of Yeway last year only Court has given green signal for urgent acquisition of land acrosss yeay citing that it is required for planned industrial development .......

    So in nutshell.. its not about getting panic..and follow rumours.....Have faith in courts....
    Advice to people who are planning to buy new property...
    Never go for smal builders as they can't absorb these risks....rather than going for hypes by builders .. also see how ethical and customer friendly there are because in todays scenario also if ur builder is supporting u ..nothing to worry about....
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  • Abhishek,

    You have correctly represented the legal grounds on which Shahberi land acquisition was cancelled. You have also correctly presented the difference between acquisition done in Shahberi village and other parts of NE.

    I really pray that it indeed turns of real legal position in rest of NE area and rest of the projects get executed smoothly and investment of thousands of crores rupees does not go in vain and the area is prevented from becoming Khoda colony of Greater Noida.

    I know that what court reviews is procedural compliance of an act and decides a case by giving interpreting a sectiion. But what worries me is concept of "Judicial Activism". Sometimes, court ignores the legal position and decides the case according to their will.


    Originally Posted by babhishek14
    So far as the change of use is concerned, it is a settled legal proposition that once land vests in the State free from all encumbrances, there cannot be any rider on the power of the State Government to change user of the land in the manner it chooses. If by virtue of a valid acquisition of land, land stands vested in the State, thereafter, claimants are not entitled to restoration of possession on the grounds that either the original public purpose is ceased to be in operation or the land could not be used for any other purposes.


    What happened in Shaberi was that for changing the land use of land Authority did not wait for the approval of state government and alloted it to builders in a haste..Also in case
    of Shaberi Land havn't got transferred in authority name as the max farmers had not taken compensation and also those farmers aho had taken compensation also went to court along with others and thus land acquistion process could not get completed...
    Case of other land in Noida Esxtension and rest Noida \GNoida is not same as above...
    Land in whole Gautam BudhhNagar has been acquired in this way since last so many years......and Authority is fully empowered to acquire land in industrial use and change it to residential as residence is part of Industrial development...





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  • I agree with your point......Today Courts also looks prjudiced thinking that farmers are poor and helpless.. they are living in fool's paradise.. as farmers especially in the NCR area are very shrewed and clever and undisciplined.

    What i feel is that in Court, Authority and Builder lawyers were not able to present the case as to whom all for the houses are being built.. what court saw was that these are commercial complexes and luxury homes.... .what they were not able to show to court was that though farming may be important but equal important is economic development and reveneue generaion and GDP growth which only people like us who are residing in NCRS and working for various companies can provide... there is no dearth of land for farming in India but there is acute shoratge ofland for residence in cities and is affordable housing is mor important in NCR rather than growing vegetables.... hence housing is of utmost priority for urban development....
    What i believe is that Courts can go on giving such biased decisions...if they do so they should take undertaking from farmers that they will not do anything except farming on their so called mother land who they want to sell at highest price they can....
    I dont expect Authory and builders to prsesent tis picture to Court so that they can think twice before applying "Judicial Activism" i beleieve if media helps then tru picture can be shown to Courts... they were wrong in comparing NE with Nandigram...
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  • I totally agree with your points and you have raised right concern. I am not sure if you have read my posts in other threads but I also expressed my astonishment when I read the newspaper after SC verdict where farmers made statement like "We are happy that we have got our mother back and we are ready to sale our so called "mother" directly to builder at higher price" I was really surprised to read SC's observation like their land is forcibly taken, they are bitten and their wives are raped . What they get in return?

    NHCR conducted probe after Rahul's allegation and submitted that no woman was raped. Still, SC made this observation and if still SC was indeed of the view that women were rapedl; then it could have taken suo moto action and brrought the culprit to justice and

    Who aducted state officials?

    who killed three PAC constable first and shot DIG?

    It is also a fact that there are many prudent farmers who have purchased more land at some distance from the compensation money.

    I am not sure but I also believe that authority lawyers did not present the case properly.

    Court asked buiders that you are talking of gym, spa and claiming that you are building houses for needy. I think coult should have taken property price index and data of those who booked flat to decide for whom flats are being constructed. At 8-9 kilometers away, a ready to move 2 BHK flat costs 50 lakh, in delhi a LIG flat costs around 28 lakhs . In NE, people have booked 2 BHK flat in 16-21 price range. Will people spending 16-21 lakhs and that too thorugh loan wish for Gym, Spa, Swimming pool? Will builders actually provide all these facilities free of cost for ever?

    And in the absenence of suitable acquisition legislation, even states are compelled to use the same law to acquire land. If SC thinks Public Pupose according to Gandhi means helping poorest person, then I dont think any land can be acquired and if SC had taken similar view, then Dwarka, Gurgaon, Noida, Greater Noida would have never devloped and we would see only clusters in NCR.


    Originally Posted by babhishek14
    I agree with your point......Today Courts also looks prjudiced thinking that farmers are poor and helpless.. they are living in fool's paradise.. as farmers especially in the NCR area are very shrewed and clever and undisciplined.

    What i feel is that in Court, Authority and Builder lawyers were not able to present the case as to whom all for the houses are being built.. what court saw was that these are commercial complexes and luxury homes.... .what they were not able to show to court was that though farming may be important but equal important is economic development and reveneue generaion and GDP growth which only people like us who are residing in NCRS and working for various companies can provide... there is no dearth of land for farming in India but there is acute shoratge ofland for residence in cities and is affordable housing is mor important in NCR rather than growing vegetables.... hence housing is of utmost priority for urban development....
    What i believe is that Courts can go on giving such biased decisions...if they do so they should take undertaking from farmers that they will not do anything except farming on their so called mother land who they want to sell at highest price they can....
    I dont expect Authory and builders to prsesent tis picture to Court so that they can think twice before applying "Judicial Activism" i beleieve if media helps then tru picture can be shown to Courts... they were wrong in comparing NE with Nandigram...
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  • I believe that consumers in India should follow the international practice of not putting their money in an under-construction property.

    "Consumers who invest in under-construction projects are buying a distant dream. In other countries, a developer cannot sell such properties. There will not find any buyers. However, In India, about 55 to 60 per cent home loans are towards under-construction properties. This is an enormous risk"

    Later or after such practice will do exist .

    :bab (38):

    StuD \m/
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  • Very well said even courts do not understand the term Public purpose...
    for eg if land is acquired for building airport then its a public purpose but for court its not public purpose because poorest people can't use flights... what a complex sitauation courts have created for problem with simple solution....
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  • Hi Could you please let me know what rate did you booked it and who is the underwriter
    THanks



    Originally Posted by sandeepnetam
    jp is the safest...its the only freehold property in noida 3c is leasehold...i bought cosmos..which is the cheapest project in jp after lot of research and got a great price from the underwriter
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  • If i am not wrong then Purvanchal Royal Park project is also preety safe financilly as Purvanchal is yet to take any kind of finance for their Royal Park project. The project is almost 50% done and they have not taken any finance from Banks. Totally self funded and one can cross check this. Sounds good in this era of leveraged construction :bab (4):
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