Crisis deepens in Greater Noida
By our Property Bureau
July 20, 2011
The Allahabad High Court cancelled land acquisition in Greater
Noida’s Patwari and Dewla villages, deepening the crisis in
the Noida Extension area. It may even throw a few builders out of
business.
Builders fear similar decisions when the court takes up petitions
by residents of other villages in the area in the next couple of
days.
At stake in Noida Extension is nearly Rs 37,500 crore, 17 projects
and 250,000 flats under construction. Builders have already sold
100,000 apartments and completed 40-50 per cent construction.
Acting on a bunch of petitions by farmers, a Division Bench
comprising Justice Sunil Ambawani and Justice S S Tiwari set aside
the acquisition of 589.13 hectares in Patwari and Dewla villages in
Dadri tehsil of the Gautambuddh Nagar district. The farmers were
not given a right to file objections by the Uttar Pradesh
government.
The court was of the view that since the land was acquired for
residential purposes, there was “no urgency involved”
and hence “the acquisition should not have taken place
without giving the affected parties an opportunity for hearing,
which would have facilitated payment of adequate
compensation.”
The land was acquired by the state government through notifications
in March and May 2008.
The court decision will hurt over 20,000 home buyers in 11 projects
in Patwari village.The project or parts of projects that will get
affected are Amrapali’s La Residencia, Supertech Eco Village
Phase-I, Nirala Estate and Patel Neo Town, among others.
The order comes a fortnight after the Supreme Court upheld a high
court order quashing the acquisition of 156 hectares in the nearby
Sahberi village by the Greater Noida Industrial Development
Authority. On July 6, the Supreme Court asked the authorities to
return the land to the farmers and ensure refund with interest to
flat buyers.
Over 100 farmers of Patwari and Dewla villages had moved the high
court challenging the acquisition of land by the state government
without giving them an opportunity to raise objections. They also
alleged that they were not given adequate compensation.
Many believe the episode in Noida Extension will hurt the real
estate industry in the national capital region (NCR). “It is
a big setback and may spoil the real estate market in NCR. Nobody
will believe in any builder,” said a leading real estate
brokerage in Noida. “This will create panic among the 100,000
flat buyers and builders will not be in a position to refund the
money.”
“With one project, 70 per cent business of some
builders will be affected, and many may go out of business.”
The industry is annoyed that third-party interests are being
ignored in these cases.