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High Courts Stay in Salarpur Village, Sector 107, Noida

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High Courts Stay in Salarpur Village, Sector 107, Noida

Last updated: August 31 2018
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  • High Courts Stay in Salarpur Village, Sector 107, Noida

    News from Today's Navabhart Times:

    सालारपुर में किसानों की जमीन पर निर्माण और बिक्री पर रोक•प्रस, इलाहाबाद : नोएडा के सालारपुर इलाके में प्राइवेट बिल्डर्स के निर्माण और बिक्री पर इलाहाबाद हाई कोर्ट ने पूरी तरह से पाबंदी लगा दी है। नोएडा के इस इलाके में जमीन अधिग्रहण रद्द होने के बावजूद प्राइवेट बिल्डर्स न सिर्फ बिल्डिंग कंस्ट्रक्शन बल्कि बिक्री में भी लगे हुए हैं। हाई कोर्ट ने सलारपुर में किसानों से ली गई 227 हेक्टेयर जमीन का अधिग्रहण रद्द होने के बाद इसे किसानों को वापस करने के साथ इस जमीन पर दिए गए स्टे (स्थगन आदेश) की सूचना अखबारों में प्रकाशित कराने का भी आदेश दिया है। हाई कोर्ट के जस्टिस सुधीर अग्रवाल व जस्टिस सुनीत कुमार की बेंच ने महर्षि वेद विज्ञान मंदिर की ओर से दायर याचिका पर सुनवाई करते हुए यह फैसला सुनाया।

    हाई कोर्ट में दायर याचिका में कहा गया था कि सुप्रीम कोर्ट द्वारा जमीन अधिग्रहण रद्द किए जाने के बाद भी नोएडा अथॉरिटी प्राइवेट बिल्डर्स को निर्माण के साथ फ्लैट वगैरह को बेचने का काम कर रही है।

    सलारपुर में सरकार ने 182 एकड़ भूमि का अधिग्रहण किया था। इस के खिलाफ हाई कोर्ट पहुंचे किसानों की याचिका पर कोर्ट ने जमीन अधिग्रहण रद्द कर दिया था। इस आदेश के खिलाफ सुप्रीम कोर्ट पहुंची प्रदेश सरकार को 5 अगस्त 2013 को झटका लगा। सुप्रीम कोर्ट ने इस जमीन के अधिग्रहण के लिए जारी की गई अधिसूचनाओं को निरस्त करने का आदेश दिया था। लेकिन जमीन अधिग्रहण आदेश रद्द होने के बाद भी आम्रपाली, प्रतीक, ग्रेट वैल्यू, थ्री सी आदि बिल्डर्स किसानों की जमीन पर निर्माण कराने के साथ बेचने का काम कर रहे थे। इसके बाद किसानों को कोर्ट जाना पड़ा।
    नोएडा में बिल्डर्स को झटका
    Last edited November 8 2016, 01:13 PM.
  • #2

    #2

    Re : High Courts Stay in Salarpur Village, Sector 107, Noida

    kahan lo noida mein flat , kitne issue pata nahin kisi ko , buyers ki poochne wala koi nahin

    Comment

    • #3

      #3

      Re : High Courts Stay in Salarpur Village, Sector 107, Noida

      it seems news papers are responsible for half of the panic. As of yet, court order does not mention stay on entire sector.

      Let's wait what the CEO has to say in affidavit. The counsel claimed that no construction has been raised on land in dispute and court have asked for same to be filed as affidavit.

      Below is the judgement:


      1. It is contended that certain land was acquired by NOIDA Authority vide land acquisition notifications dated 11.09.2008 and 30.09.2009, but the same have been quashed by the Apex Court vide judgment dated 5th August, 2013 in Civil Appeal No. 6353 of 2013 (Rajendra Estate Pvt. Ltd. Vs. State of U.P. and Others), and following the same, another Writ Petition has also been allowed by this Court being Writ Petition No. 59931 of 2011 (Maharshi Gandhave Ved Vishwa Vidya Peeth Vs. State of U.P. and Others), vide judgment dated 30.09.2013, quashing notifications dated 11.09.2008 and 30.09.2009.
      2. The fact that land in respect whereto acquisition has been set aside by Apex Court as well as this Court, NOIDA Authority in collusion with builders and developers, has allowed construction of residential plots and allotment thereof to innocent buyers, who have no idea of these proceedings. NOIDA Authority has failed to issue any public notice informing general public at large about these proceedings, so as to make them aware of risk by making any payment to builders and developers in respect of purchase of flats/property which have been raised/developed over the plots and land in respect whereto acquisition notifications have been quashed by this Court or by Apex Court. The builders/developers are also keeping the buyers in dark and most of them are giving back possession of land in dispute, despite quashing of land acquisition notifications.
      3. Sri Shivam Yadav, learned counsel appearing for respondent no. 4/NOIDA Authority states at the bar that constructions have not been raised over petitioner's land being Khasra No. 691 area 0.1390 hectares and Khasra No. 692 area 0.1900 hectares of Village - Salarpur Khadar, Pargana & Tehsil - Dadri, District - Gautambudh Nagar.
      4. That being so, let personal affidavit be filed by Chief Executive Officer, NOIDA Authority, Sector 6, Noida, Gautambudh Nagar/respondent no. 4, by Monday i.e. 30.06.2014, specifically stating that whether the plot/land in question or those which are governed by notifications dated 11.9.2008 and 30.09.2009 have been allotted to any builder/developer and constructions etc. are raised thereon, and also, whether, booking of flats if constructed thereon have been started is still going on. He shall also inform this Court as to what action has been taken by him to inform general public so that they may not invest their hard earned money on the residential buildings/flats raised by builders and developers, on the land in respect whereto land acquisition notifications have already been quashed by Apex Court.
      5. A copy of this order be made available to Sri Shivam Yadav, learned counsel for respondent no. 4, today itself, to inform the concerned respondent.
      6. Learned Standing Counsel representing respondent nos. 1, 2 and 3 is also directed to get spot verification made and submit a report in this regard as to whether any construction has been raised by any builder or developer over the plot/land in question or not. The report shall be submitted by monday i.e. 30.06.2014.

      Comment

      • #4

        #4

        Re : High Courts Stay in Salarpur Village, Sector 107, Noida

        Originally posted by amitexpert View Post
        it seems news papers are responsible for half of the panic. As of yet, court order does not mention stay on entire sector.

        Let's wait what the CEO has to say in affidavit. The counsel claimed that no construction has been raised on land in dispute and court have asked for same to be filed as affidavit.

        Below is the judgement:


        1. It is contended that certain land was acquired by NOIDA Authority vide land acquisition notifications dated 11.09.2008 and 30.09.2009, but the same have been quashed by the Apex Court vide judgment dated 5th August, 2013 in Civil Appeal No. 6353 of 2013 (Rajendra Estate Pvt. Ltd. Vs. State of U.P. and Others), and following the same, another Writ Petition has also been allowed by this Court being Writ Petition No. 59931 of 2011 (Maharshi Gandhave Ved Vishwa Vidya Peeth Vs. State of U.P. and Others), vide judgment dated 30.09.2013, quashing notifications dated 11.09.2008 and 30.09.2009.
        2. The fact that land in respect whereto acquisition has been set aside by Apex Court as well as this Court, NOIDA Authority in collusion with builders and developers, has allowed construction of residential plots and allotment thereof to innocent buyers, who have no idea of these proceedings. NOIDA Authority has failed to issue any public notice informing general public at large about these proceedings, so as to make them aware of risk by making any payment to builders and developers in respect of purchase of flats/property which have been raised/developed over the plots and land in respect whereto acquisition notifications have been quashed by this Court or by Apex Court. The builders/developers are also keeping the buyers in dark and most of them are giving back possession of land in dispute, despite quashing of land acquisition notifications.
        3. Sri Shivam Yadav, learned counsel appearing for respondent no. 4/NOIDA Authority states at the bar that constructions have not been raised over petitioner's land being Khasra No. 691 area 0.1390 hectares and Khasra No. 692 area 0.1900 hectares of Village - Salarpur Khadar, Pargana & Tehsil - Dadri, District - Gautambudh Nagar.
        4. That being so, let personal affidavit be filed by Chief Executive Officer, NOIDA Authority, Sector 6, Noida, Gautambudh Nagar/respondent no. 4, by Monday i.e. 30.06.2014, specifically stating that whether the plot/land in question or those which are governed by notifications dated 11.9.2008 and 30.09.2009 have been allotted to any builder/developer and constructions etc. are raised thereon, and also, whether, booking of flats if constructed thereon have been started is still going on. He shall also inform this Court as to what action has been taken by him to inform general public so that they may not invest their hard earned money on the residential buildings/flats raised by builders and developers, on the land in respect whereto land acquisition notifications have already been quashed by Apex Court.
        5. A copy of this order be made available to Sri Shivam Yadav, learned counsel for respondent no. 4, today itself, to inform the concerned respondent.
        6. Learned Standing Counsel representing respondent nos. 1, 2 and 3 is also directed to get spot verification made and submit a report in this regard as to whether any construction has been raised by any builder or developer over the plot/land in question or not. The report shall be submitted by monday i.e. 30.06.2014.
        How much land is in question ? Shivam Yadav's land holding are just an acre. Can you point to whole judgement please. thx

        Comment

        • #5

          #5

          Re : High Courts Stay in Salarpur Village, Sector 107, Noida

          This is the entire order in respect to current writ. I do not have much info about SC order. That must have the entire details.

          Noida CEO was supposed to file affidavit on 20th June but i don't see any update on the same.

          Originally posted by Shaurya29 View Post
          How much land is in question ? Shivam Yadav's land holding are just an acre. Can you point to whole judgement please. thx

          Comment

          • #6

            #6

            Re : High Courts Stay in Salarpur Village, Sector 107, Noida

            Originally posted by amitexpert View Post
            This is the entire order in respect to current writ. I do not have much info about SC order. That must have the entire details.

            Noida CEO was supposed to file affidavit on 20th June but i don't see any update on the same.
            It is do with HeartBeat city project only ? or other projects are also coming under its ambit ? I know construction stopped at Heartbeat city in sector-107 because of land issue.

            Comment

            • #7

              #7

              Re : High Courts Stay in Salarpur Village, Sector 107, Noida

              Construction did not stop at Amrapali Heartbeat City. It was Hanging garden and the issue was something else. This seems to be something else

              Comment

              • #8

                #8

                Re : High Courts Stay in Salarpur Village, Sector 107, Noida

                It seems these Hindi papers do add more content to make it HOT..

                Comment

                • #9

                  #9

                  Re : High Courts Stay in Salarpur Village, Sector 107, Noida

                  Please keep this thread posted if there is any information on project/s getting affected by this order...

                  Comment

                  • #10

                    #10

                    Re : High Courts Stay in Salarpur Village, Sector 107, Noida

                    As per google maps Sector 107 is NOT in SALARPUR area which is mentioned in court order. Just an observation, not sure of correctness.
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