Noida Sector 107 builders withdraw SC petition

Developers of projects in the sector told the Supreme Court that they are ready to pay enhanced compensation to those whose land was acquired.

Developers of multi-storey projects in Sector 107 of Noida on Wednesday withdrew their petition asking the Supreme Court to review its 2013 judgement that had quashed land acquisition for their projects. In their submission before the top court, the builders said they had offered enhanced compensation to farmers whose land was acquired, in accordance with a SC verdict delivered in 2015. They claimed the landowners had agreed to their offer.

Resolution of the issue will bring relief to thousands of homebuyers whose projects were in limbo because of the years-long litigation. (Sunil Ghosh/HT File Photo)

The 2015 verdict, which the builders are banking on to resolve the crisis they have been facing after the acquisition was quashed, held that in case of a bad acquisition the developers must pay the landowners more compensation and return 10% of the developed land.

On hearing their argument, the court advised the developers to go to the Allahabad high court to work out their settlement and the court’s stay on the acquisition lifted.

Builders and the Noida authority will plan their next move on Thursday. “The SC order is expected to be uploaded online on Thursday. We will follow the same,” said Arun Vir Singh, additional chief executive officer, Noida authority.

Homebuyers of these projects said they hope to get justice in the high court now.

“We have been suffering for the past three to four years due to litigation over land. It has drastically affected our financial position,” said Punit Parashar, a buyer.

The legal issue in Sector 107 pertains to 547 acres acquired by the Noida authority in 2008-09, which it allotted to realtors for their projects. In 2011, farmers challenged the acquisition in the Allahabad high court on the grounds that the land was acquired by implementing the urgency clause of the Land Acquisition Act, 1894, for industrial purposes, but it was being used for group housing. They told the court in an affidavit that they were ready to accept increased compensation and withdraw their cases. The HC resolved many of those cases on July 12 this year, but many farmers’ cases against the land acquisition were still underway in the SC.

On June 30, 2014, the HC had ordered a stay on construction of group housing projects Amrapali Heart Beat City, Lotus 300, Greater Value Sharnam and Sunworld Vanalika following a separate petition by Maharishi Ved Vidya Peeth, a trust, and a group of farmers who demanded their agricultural land back on the grounds that Noida authority’s acquisition was faulty.

The HC order had affected around 5,000 homebuyers whose projects are in different stages of construction.

“The HC vacated the stay on July 11 after the authority assured in court it will give 64% increased land compensation and 10% of the developed land to farmers. The farmers and Maharishi Trust have agreed to the compromise,” said Kapil Tyagi from buyers’ legal cell, which is handling the issue in the court.

The SC had asked the buyers to first get the stay by Allahabad high court lifted.

“We got relief from HC in July and hoped the SC would also provide relief. But now again SC has asked us to go to Allahabad HC,” said Parashar.