Buyers panic as HC cancels land procurement in Noida
The Allahabad High Court on Thursday quashed acquisition of 2,530 square metres (sqm) of land for a group housing project in Noida’s Sector 77, spreading panic among home-buyers.
The HC also quashed the lease deed executed between the realtor and the Noida authority on October 31, 2010.
Additional chief executive officer of Noida authority Rajesh Prakash said that they would challenge the judgment at the Supreme Court.
The 2,530 sqm land is part of nearly 20,000 sqm of residential land on which Civitech Developers developed 540 housing units.
Subodh Goel, managing director of Civitech Developers, said some buyers had started living in their flats and the judgement will not affect the project.
“We will resolve the issue amicably. Buyers need not worry. Part of this land falls on green belt and open spaces,” Goel said.
Buyers, however, expressed concerns and pointed out that the court also quashed the lease-deed of the realtor’s land, which will ultimately affect them.
“The acquisition proceedings are void particularly in view of law laid down by the Apex court in this regard in catena of judgments. So, the acquisition is cancelled. There is no delay on the part of the petitioner to approach the court since the award itself was not passed on 27.7.2011 and no compensation has been given to them (petitioner). Thus, when award (compensation money) has not been declared within the time where urgency clause has been invoked, the acquisition proceedings lapsed. The lease deed allegedly executed by the Noida authority, Gautam Budh Nagar to respondent no. 5 (realtor) in respect of the land in dispute is also quashed,” the court order said. The high court’s decision came after a Sorkha Jahidabad farmer Devi Singh filed a petition in 2012 demanding his land back.
“The petitioner said that his land was acquired in 2006 by implementing urgency clause of 1894 Industrial Act, for industrial development. But no industry has been established till date and the land acquired has been allotted to realtors for residential projects. Local authorities flouted procedures and did not give compensation till 2011,” said Shivakant Mishra, advocate for the petitioner.