Flat buyers in Noida Extension will have to continue to wait for the NCR planning board for construction to resume on their projects with the Allahabad high court rejecting a review petition by the Noida authority in this regard on Monday.
But it brought a smile on the face of the builders, as the court threw away a plea by farmers seeking cancellation of land acquisition.
The petitioners had sought a review of the high court's order dated October 21, 2011, in which it had directed the authorities to return the land to farmers in three villages where no major real estate activity was on.
For the rest of villages, including the proposed realty hub of Noida Extension, the court said land would remain with builders but farmers would get 64% additional cash compensation for their land acquired and 10%, instead of the current 6%, share in the developed land.
Farmers had moved a review plea, saying they had sought the "forcibly acquired" land back and, thus, the acquisition should be cancelled.
A full bench comprising justice Ashok Bhushan, justice SU Khan and justice VK Shukla on Monday refused to entertain the plea, saying since farmers of several villages, not satisfied with its earlier order, had already moved the Supreme Court and the apex court had even issued notices to the authority and the state government. Therefore, the high court could not interfere.
"The court said its October 21 (2011) order would prevail till a new order was passed by a higher court," said Parminder Bhati, a lawyer for farmers.
The Greater Noida authority had sought resumption of the stuck housing projects in Noida Extension without the approval of the NCR planning board in Delhi. The authority also sought that post-acquisition rehabilitation benefits be given only to the native farmers (who originally belong to the area or those who had bought land before the authority came into being in 1991).
"The court rejected these pleas and asked us to file a special leave petition," Greater Noida authority chairman Rama Raman told HT from Allahabad.
The court in its 2011 order had put a stop on construction work till the NCR planning board approved Greater Noida's master plan. The authority, in its review petition, had contended that it did not need the clearance as it was empowered to prepare plan for land use within the area marked for urbanisation.
(With inputs from Rajesh Kumar Pandey in Allahabad)