BAD News : HC Stay Orders at Yamuna Expressway 13,000 Authority Plots
Plots Were Sold Without NCR Plan Panel Nod
Lucknow: The Allahabad high courts reiteration that all projects in the National Capital Region must have the approval of the NCR Planning Board has thrown into uncertainty investments made by more than 22,000 people in the ambitious Yamuna Expressway township,located 40km from Delhi.
Thousands of plots have been sold in the township without the approval of NCRPB.Delivering the judgment in the Greater Noida land acquisition case on Friday,an Allahabad high court bench stopped construction and development in areas where the plan has not been approved by the NCR board.
Two prominent judgments in the past Supreme Court (1994) and Allahabad HC (1996) had also made it mandatory for all plans of NCR member states to be approved by the board.The October 1996 judgment said: One stipulation is inescapable,unless NCRPB gives the green signal nothing can go ahead.
Despite this,the UP government did not get the township approved even as the Yamuna Expressway Industrial Development Authority (YEIDA) went ahead and sold plots.The township,portions of which fall in NCR,is being developed over 500 sq km along the 165-km expressway between Greater Noida and Agra.
The NCRPB insists no deviation from the regional plan will be permitted.Violations will not be allowed, said Naini Jayaseelan,member secretary,NCR Planning Board.She said the board would look for a legal remedy for the anomalies.
As of now,we have not received the sub-regional plan from UP.Once we get it,we will examine it to see if it is in accordance with the NCR Regional Plan 2021, she said,adding that if the board finds the plan not in compliance with the regional plan,the state government can be asked to make changes.
TOI could not contact the YEIDA chairman despite repeated attempts.There was no response to a faxed questionnaire sent to him and chief secretary Anoop Mishra.Aretired NCRPB official said when the issue came up before the board afew years ago,the UP government was told to get the plan approved so that investors dont face problems,but the government ignored this.
Around 22,000 plots of Yamuna Expressway township have been already sold to individuals.A portion of the township falls in Gautam Budh Nagar and Bulandshahr districts of NCR NCR Planning Board yet to get the sub-regional plan from UP,so not clear yet if township complies with NCR regional plan,barring which it will not be cleared NCR plan says development of an area as metro centre possible only if it has population of 10 lakh or above;Expressway township has population of only 3.39 lakh UP govt designed township as industrial belt in terms of land use,while it is being marketed as a residential township
Lucknow: The Allahabad HCs order has thrown investments made by more than 22,000 people in the ambitious Yamuna Expressway township in uncertainty.A retired NCRPB official said that the approval could still be sought under provisions to incorporate new plans to develop cities.The Regional Plan for 2021 was prepared way back in 2005.
Its obvious that more cities will come up to cater to growing needs.If it comes before the NCRPB and all norms are complied with,the plan can be approved, the retired official said.
The sub-regional plan could face problems on two counts.One,it seems to have violated a basic criterion of the NCR Regional Plan,classifying development on the basis of present population.According to this,an area can be developed as a metro centre only if its population is 10 lakh and above.YEIDA is developing the township as a metro centre while its present population is only 3.39 lakh.
The other problem centres around land use.While the UP government designed the township as an industrial belt,it is being marketed as a residential township.
Former NCR commissioner for UP,Promilla Shanker,had also raised environmental concerns about the township.In its existing form,it could whittle the green cover,uproot farmers from their double-crop agricultural land and cause environmental damage in 171 villages of Gautam Budh Nagar and Bulandshahr notified under the plan,she had said in a letter to the government.
Shanker was later put under suspension for violating foreign travel rules.A few days ago,she wrote to the Union cabinet secretary and the principal secretary to the Prime Minister saying she was being targeted by the UP government for speaking her mind.The township along the165-km Yamuna Expressway is proposed to be developed by the Jaypee Group.Its area is about 20% of the total 2,689 square km notified under the Yamuna Expressway project which covers 1,182 villages in Gautam Budh Nagar,Bulandshahar,Aligarh,Mahamaya Nagar,Mathura and Agra districts.
The YE township spreads over two districts GB Nagar and Bulandshahr of NCR and is attracting investors because of its proximity to Delhi as well as to the Formula 1 track and the site for a night safari.More than 22,000 plots have been sold to private developers and individuals.
In all,131 villages of GB Nagar and 40 of Bulandshahr,spread over 583 sq km,are part of the township plan.YEIDA has given two land parcels of 500 hectares each to the Jaypee Group with all rights for development.This is part of the agreement with the group which is the prime developer of the Yamuna Expressway.
Yamuna Expressway judgment will be given after Diwali.
HC has canceled only 3 village land acquisition in Noida/G.Noida as there was no big development in these villages and given settlement for rest of cases in which lots of development was done.
Now if you look at the Authority plot scheme… there was no big development (except plain surface of few sectors). In-fact no big development in few pvt township in expressway. So what could be judgment for these cases...???
SC has cleared "Yamuna Expressway" and JP property which was allotted in lieu of construction of Yamuna Expressway… But rest of cases of pvt township/authority allotment might have to face tight fight in court… and current verdict clearly shown result that if no OR less development than acquisition can be cancel.
Since almost all schemes in Y.Expressway are related to Plots so you can not expect heavy construction activitity…and builder/authority might just made plain land. So we might feel the heat.
In NE/Noida… you had lots of support….. 1.5+ lakh houses… many association/Media…and farmers VS builder/buyers ratio was 4:100.
But in Yamuna Expressway projects… 21000 plots allotted by authority and few pvt township….. farmers VS Builder/Buyers ratio was also high and no big development…