7.7.11

SC on Noida land acquisition







Slamming the Noida land takeover, the Supreme Court strongly felt that the UP state government had indulged in a mala fide use of its powers for “urgent” land acquisition to benefit developers than serving any public purpose. The SC dismissed the appeals filed by developers and the Greater Noida Authority and said there was no error in the Allahabad high court order cancelling the takeover of agricultural land in Shahberi village, a majority of whose residents had opposed the acquisition. The HC had said it was a colourable exercise of executive power unsustainable under the Land Acquisition Act. The housing projects that will be affected include those by Amrapali, Ajnara, Supertech, Mahagun, Panchsheel, SJP Infracon and Gulshan Builders, who together were allotted 4 lakh sq mts of land. What really hurt the Greater Noida Authority’s case was the transfer of the land to builders even before the Uttar Pradesh government had approved the proposal to change its use from industrial to residential. The government had acquired the land for industrial purposes for the planned development of Greater Noida. Taking into account the collector’s report that 185 farmers, who are the original land owners, would be rendered homeless by the acquisition, the bench repeatedly told the Greater Noida Authority to have a heart and feel the pain of the farmers. What also irked the bench was the transfer of the land in brazen violation of law.

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