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Highlights of published news

HC concludes hearing on Patwari village - 16th Sept 2011

The hearing in the land acquisition cases in Noida, Greater Noida and Noida extension continued on the fourth day also before the larger bench, hearing the land acquisition cases of farmers in Gautam Budh Nagar. On Thursday, the hearing in the land acquisition cases of villages Rauza Yaqubpur, Pali, Tulsiyana, Birauli Chakrasenpur was completed as far as farmer counsels were concerned. The reply of the argument advanced by the farmers counsel in respect of land acquisition cases of the aforesaid villages will be given by the counsels of the Noida, Greater Noida and state government including the counsels of builders after completion of the arguments of other villages by the farmers counsels. The larger bench will continue to hear the cases of land acquisition on Friday also.

Source : TOI

Hearing of five 5 villages for farmers counsel completes - 16th Sept 2011

On Thursday, the hearing in the land acquisition cases of villages Rauza Yaqubpur, Pali, Tulsiyana, Birauli Chakrasenpur was completed as far as farmer counsels were concerned. The reply of the argument advanced by the farmers counsel in respect of land acquisition cases of the aforesaid villages will be given by the counsels of the Noida, Greater Noida and state government including the counsels of builders after completion of the arguments of other villages by the farmers counsels. The larger bench will continue to hear the cases of land acquisition on Friday also.

Source : TOI

Noida Land Acquisition Controversy: HC Wants 10-Year Record On Acquisition, Industries - 16th Sept 2011

The special three-judge bench hearing the land acquisition cases of Noida and Greater Noida on Wednesday asked the two authorities to submit records of the last 10 years on the number of industries that have come in the twin cities and the land acquired for the purpose.

The court also asked them to explain whether they had taken necessary approvals from the National Capital Region Planning Board (NCRPB) before finalising their regional or master plans on the basis of which, as claimed by the two authorities, the acquisitions were made.

The bench comprising Justices S U Khan, Ashok Bhushan and V K Shukla asked the authorities to furnish the information while it was hearing petitions from three villages Ghori Bachcheda, Saakipur and Patwari.

The hearings in these three villages concluded on Wednesday.

"The court has asked the two authorities to furnish the records of the last 10 years on the notifications issued for land acquisition and how many industries have come to these two cities. Also, the court wanted to know whether they had taken the approval from the NCRPB. Since the region comes in the National Capital Region, the authorities have to get their regional plans approved from the Planning Board," said counsel for petitioners from Ghori Bachcheda, Saurav Basu.

Source : Noida Real Estate Property

Noida Extension Flat-buyers Welfare Association (NEFBWA) Counsel Shri S.D. Singh put up the views of the flat-buyers - 14th Sept 2011

The arguments in the Allahabad High Court on the land acquisition case started on 12.09.2011 as per schedule. The matter of village Patwari was taken up first. The State Government first put up its views on the matter. The State Government wanted extension of time in filing the counter. The Hon'ble Court did not pass on any judgement on their request. Subsequently, the views of Greater Noida Industrial Development Authority (GNIDA) were heard by the Hon'ble High Court. The builders were heard on Tuesday. Noida Extension Flat-buyers Welfare Association (NEFBWA) Counsel Shri S.D. Singh put up the views of the flat-buyers before the Hon'ble Court on Wednesday, i.e. 14.09.2011. Shri S.D. Singh presented before the Hon'ble Court that ultimately it is the bonafide flat-buyer who will suffer huge financial loss in case the land acquisitions are quashed. The flat-buyers in Noida Extension have booked the flats with different builders with the sole intention of making their homes and not for any returns. The flat-buyers do not want refund of their money with interest but wanted the flats booked by them at the committed price. The Counsel also informed the Hon'ble Court that subsequently the rates of land have been enhanced tremendously by GNIDA and as such if the acquisitions are quashed the flat-buyers who have booked their flats in Noida Extension will not be able to get flats at the booked price. Hence, the Counsel prayed to the Hon'ble Court to direct the parties to reach a compromise so that the interests of the farmers are also taken care of and at the same time the flat-buyers would be able to get their homes. The arguments on Patwari of all concerned parties were completed on Wednesday.

After Patwari the Hon'ble Court started to take up land acquisitions village-wise. The first village which was taken for argument was Ghodi Bachheda and the arguments on this village were complete on 14.09.2011.

On 15.09.2011, the Hon'ble Court took up for consideration the villages of Pali, Tusiana, Chakrasenpur, Dabra and Dadha and the arguments on these villages were complete on the same day. The Hon'ble Court requested the parties to bring new facts, if any, to the notice of the Court and do not repeat the points which were already been mentioned in other villages. The arguments on Village Roza Yakubpur were started on 15.09.2011 and the same will continue on 16.09.2011 also. The Hon'ble Court mentioned that tomorrow, i.e. 16.09.2011, the list of villages to be taken will be published.

Source : Noida Extension Flat-buyers Welfare Association

Flat Buyers must get refund with interest

Less than a week after it quashed the acquisition of over 156 hectares of farm land by the Greater Noida Authority, the Supreme Court today said buyers who had invested in private housing projects in the area would be entitled to complete refund of money, with interest "at an appropriate rate", from the builders.

Today's order, aimed at ending the uncertainty over the fate of investments into the now-stalled housing projects, would bring relief to over 6,000 people who had booked flats in the area.

On July 6, the Bench of Justices G S Singhvi and A K Ganguly had quashed the acquisition of land in Shahberi village by the Greater Noida Industrial Development Authority under the urgency clause of the Land Acquisition Act, and ordered the same to be returned to the farmers.

Holding that it "will be a great injustice to the people belonging to the latter category (farmers) if the acquisition... is sustained only with a view to save the investment made by those who are aspiring to acquire some property from the builders," the Bench today said, "however, it is made clear that those who have paid money to the builders for booking flats, etc, shall be entitled to get back the amount along with interest at an appropriate rate and if the builders refuse to repay the amount, then they shall be free to avail appropriate legal remedies."

Source : Indian Express news service