SC sends Noida group housing land dispute case back to high court for hearing

  • Vinod Rajput, Hindustan Times, Noida
  • Updated: Jul 16, 2016 14:25 IST
Many homebuyers have already shifted to their houses in the project located on the disputed land in Sector 77. (Burhaan Kinu/HT Photo)

The Noida authority on Friday said that the Supreme Court has asked all parties – builders and farmers – to go to Allahabad high court again for a land dispute regarding 2,530 square metres (sqm) of land that is part of nearly 20,000 sqm of residential land on which Civitech Developers has developed 540 housing units.

Many homebuyers have already shifted to their houses in the project located in Sector 77.

“While hearing a petition, the Supreme Court said on May 9, 2016 that some parties who have an interest in the land were not heard in the Allahabad high court. As per SC order, we appeared in the high court on July 4. Now, we have a hearing in the matter on July 18 in the high court,” said Rajesh Prakash, additional chief executive officer (CEO) of the Noida authority.

In its order, the SC directed the high court to hear the contentions of all parties and dispose of the matter preferably before September 30, 2016.

“We quash and set aside the impugned order without expressing any opinion on the merits of the case. We remit the matter to the high court,” said the SC order.

On May 21, 2015, the Allahabad high court had quashed acquisition of 2,530 sqm of land that is part of Civitech Developers’ group housing project, causing panic among homebuyers.

“As the SC order has quashed the high court order for the time being, homebuyers do not need to worry now. The authority and the builder will put forth details of this case on the July 18 hearing,” said the ACEO.

The high court had in May 2015 also quashed the lease deed executed between the realtor and the Noida authority. As a result, buyers have been facing issues in getting registries of their flats executed.

“The SC order is a big relief to homebuyers because the high court order remains quashed now. We will tell the high court in the July 18 hearing that we had purchased land from the Noida authority unaware that some farmers had a dispute over it. We will also tell the court that buyers have already started living in the housing society,” said Ganesh Kandpal, deputy general manger (Marketing & Communication), Civitech Developers Pvt. Ltd.

The case was filed in the Allahabad high court in 2012 by Sorkha village farmer Devi Singh, who still hopes to get his land back. “Our land was acquired in 2006 for industrial development by implementing the urgency clause of the Industrial Act of 1894. However, no industry has been set up till date and the land acquired has been allotted to realtors for residential projects. The Noida authority flouted procedures and did not give us compensation till 2011,” said Singh.

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