Greater Noida, May 12: The Allahabad High Court on Thursday struck down the acquisition of land by the Greater Noida authority in Sahberi village where leading builders Amrapali, Supertech and Mahagun have launched their residential schemes under the name of Noida Extension.
In its order, the high court de-notified the entire land of Sahberi village for not giving the farmers an opportunity to file their protest under section 5 of the Land Acquisition Act (LA Act).
The Greater Noida Authority had on June 10, 2009 notified the village land of Sahberi and later took physical possession of it by entering it in revenue records. It deposited the compensation in the district treasury to be given to farmers whose land was acquired. After formalizing the process of the Land Acquisition Act, the land was allotted to the real estate developers.
Farmer leader Satya Pal Chaudhary and 20 affected farmers challenged the acquisition process and filed writ petitions before the Allahabad High Court against the ‘arbitrary acquisition' of land by not giving farmers an opportunity to file their objections. The high court clubbed the 21 cases together and initiated legal proceedings.
After hearing arguments from both sides, the three-judge bench comprising Justice S.N. Mehrotra, Justice Sunil Ambwani and Justice K.N. Pandey set aside the process of acquisition and declared the entire land of Sahberi village as de-notified.
In their judgment, the court observed that the entire process of acquiring the land was illegal. The farmers were not given an opportunity to file their objection, the court said.
‘After the pronouncement of the judgment the entire land of village Sahberi stands de-notified. The parties whether they had gone to the high court or not would be benefitted by the judgment since the court has de-notified the entire stock of land of the village,' said petitioner and farmer leader Satya Pal Chaudhary.
The ruling comes even as a controversy has erupted over land acquisition in Greater Noida for the 156-km Yamuna Expressway that is to connect Agra with New Delhi.
Farmers demanding more compensation for their acquired land clashed with the police, leaving four people dead in firing last week.
Farmers allege that in villages falling under Noida, Greater Noida and Yamuna Expressway Authority areas, the Mayawati government used the Land Acquisition Act's provisions to suspend their right to object.