Home-buyers in Noida and Greater Noida will experience further delays in obtaining possession of their residential apartments. The Allahabad High Court recently dismissed a plea from the Noida and Greater Noida authorities. This plea sought a review of a prior court order mandating that all projects in the region secure approval from the NCR Planning Board. Consequently, until these crucial clearances are secured, prospective buyers will not be able to take ownership of their properties.
However, there was a degree of relief for the buyers involved. The court rejected a review petition submitted by a group of villagers seeking to nullify the acquisition of land in a village where construction activity had already commenced. This particular ruling triggered protests by some farmers in Noida Extension, who blockaded traffic and staged attacks on housing projects for several hours.
The court additionally upheld its earlier verdict regarding increased compensation. Furthermore, it confirmed the allocation of 10% of developed land to the farmers impacted.
Both the Noida and Greater Noida authorities had formally requested a reassessment of the order issued on October 21, 2011. This order stipulates that projects must obtain necessary clearances from the NCR Board. Presenting their case before a three-judge bench, comprised of Justices Ashok Bhushan, S.U. Khan, and V.K. Shukla, the authorities argued that such approvals were unnecessary. However, this argument failed to persuade the bench.
The court similarly dismissed requests to reconsider the directive regarding the provision of 10% developed plots to farmers. The authorities contended they had almost completed development work in the area. They further claimed that there were no remaining plots available for allocation to farmers. Representing the farmers, Kamal Singh Yadav contested the review applications. He insisted there were available developed plots that authorities were failing to provide. On October 21, 2011, following hearings on 491 petitions filed by farmers. These farmers represented 63 villages within the Noida and Greater Noida regions. The Allahabad High Court voided land acquisition in three specific villages where construction had not yet started.
The authorities initiated the acquisition under the urgency clause for industrial development purposes. However, the land use was subsequently changed to residential, and plots were sold to builders. Nevertheless, in 60 villages where substantial construction was in progress, the court chose not to invalidate the acquisition. Instead, it instructed the authorities to increase compensation and allocate 10% of the land to the affected farmers.
Consequently, while ensuring enhanced compensation for farmers, the court also considered the interests of over 50,000 individuals. These individuals had booked apartments and houses in projects situated on the acquired land. Presently, the sole recourse for the two authorities involves securing approval from the NCR Planning Board, with a meeting scheduled later in the month, and disbursing the increased compensation to farmers.