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HC scraps another Noida extension

Allahabad : The Allahabad High Court on Tuesday set aside yet another land acquisition by the Greater Noida Industrial Authority. Using the urgency clause, the Authority had acquired 589 hectares of land in Patwari village, in Noida Extension, in the name of industrial development but had given it away to private builders for residential and commercial projects.

The decision comes barely a fortnight after the Supreme Court upheld the high court’s verdict cancelling acquisition of more than 150 hectares in neighbouring Shahberi village.

A division bench of Justices Sunil Ambawani and S S Tiwari set aside the acquisition saying that there was no requirement to invoke the urgency clause. The court passed the order on a bunch of petitions filed by farmers from Patwari village.

According to the counsel for the petitioners, Parminder Bhati, the decision would bring relief to at least 1,600 farmers. “At least 18 big and small builders will be affected due to the decision,” said Bhati.

The court set aside some of the affidavits produced in the court by the government counsel, in which village residents said they did not have any objection to the acquisition of land and had been adequately compensated. “The court disregarded these affidavits,” said Bhati.

While some farmers in Patwari village had accepted compensation, a large majority had rejected the same, the counsel said.

The proceedings for acquiring land in Patwari village had begun on March 12, 2008. In September 2009, invoking the urgency clause under Section 17(1) of the Land Acquisition Act, 1894 — which provides for forgoing the right of a tenure holder to a hearing on whether he wants to give away his land or not — the Greater Noida Industrial Authority had taken 589.13 hectares in its possession on documents. “Physical possession had not started so far,” Bhati said.

Over the next few days, similar petitions involving at least eight more villages are coming up for hearing in the high court. These are also villages falling in Noida Extension, where a large number of residential projects are coming up.

On July 20, a verdict is expected in the high court on a petition filed by residents of Roja and Yakubpur villages, while the next day, petitions of residents from Bisrakh, Itehda, Haibatpur, Ghanola and Malcha would be decided. On July 26, petition of villagers from Dewla is likely to be decided by the high court.