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Supreme Court verdict on Noida Extension Land Acquisition

Postby ajay2023 » Wed Jul 06, 2011 10:57 pm

Dear All,

As you all would be aware about today's decision of Honble Supreme Court of India regard to retrurn of land to farmers. I am not pressing the panic button. It is only my view, may be I am wrong. I personally feel that we should also pressurised builder for possession of our flats at earliest to avoid any problem in future like Noida X. I am worried as today's decision can raise hopes of farmers.

We should think of it seriously as we have nothing in our hand except piece of papers.

FURTHER TO CLEAR THAT I AM NOT AGAINST ANY LEGAL ACTION FOR EDC/IDC INCREASE.

First thing in morning, I will Tfr my contribution to GFWA 2moro as there is some problem in AXIS bank net banking.


Rgds
Ajay
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Re: Supreme Court

Postby dheerajjain » Thu Jul 07, 2011 5:45 am

Dear Ajay, Greater NOIDA case is entirely different from Greater Faridabad. In Greater Faridabad, builders bought land directly from farmers for housing whereas in Greater NOIDA, Govt. bought land from farmers under pretext of industrial development and then transferred to builders for housing. So, there is no need for any panic whatsoever. For more information about NOIDA extension fraud, please see video below that I uploaded about 1 year back (taken from Bloomberg UTV Coverage of issue)

http://www.youtube.com/watch?v=ftKua6iphv8
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Re: Supreme Court

Postby naveenarichwal » Thu Jul 07, 2011 9:33 am

Sir,
But here in Faridabad also the farmers are agitating and asking for increased compensation,also blocking land aquisition by HUDA for road construction. Some of them are on fast unto death.

So the conditions may be different but grievance of the farmers are the same.
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Re: Supreme Court

Postby pgarg2000 » Thu Jul 07, 2011 9:53 am

Don't you mean greed of the farmers is the same
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Re: Supreme Court

Postby ajay2023 » Thu Jul 07, 2011 11:07 am

Dear Dheeraj Ji,

Fully agreed with you but also can't close my eyes towards current situation of Greater Faridabad.


@ naveen, yes you are thinking in same way as I.

Lets hope for best.

Rgds

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Re: Supreme Court

Postby kumarsanjiv » Thu Jul 07, 2011 11:24 am

Naveenji, totally agree with you.

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Re: Supreme Court

Postby mnhasan » Thu Jul 07, 2011 11:36 am

THIS THE SUPREME COURT JUDGEMENT,IS CAN NOT BE QUOTED AS A REFERENCE NOW IT BECAME A RULE WHICH HAS TO BE FOLLOWED BY EVERY SUBORDINATE COURT IN INDIA.IF ANY FARMER MOVE FORWARD WILL WIN THE RACE.THE ONLY WAY OUT IS AS SOON AS POSSIBLE WE SHOULD TAKE POSSESSION.FOR INFRASTUCTURE AND RELATED ISSUES WE CAN FIGHT LATER ON.

THANKS AND LOOKING FORWARD FOR THE BEST OF OUR HARD EARNED MONEY,

M N HASAN
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Re: Supreme Court

Postby yadav_ajay » Thu Jul 07, 2011 12:25 pm

Dear Follow Members,

There are two different front in Faridabad and Noida extension.

You can't compare Noida extension issue with Gr. Faridabad.

As rightly mentioned by Dheeraj, In Noida- Authority taken Land from Farmers in the name of Industrial Development and then sold to Developers for residential purpose. That was totally misguiding the Farmers and
that lead to problems in that area.

Pls read the complete details of Noida extension.

Secondly, as Mr Naveen Pointed out that in Faridabad Farmers are "also blocking land aquisition by HUDA for road construction. Some of them are on fast unto death". Can you pls put some light and source of information on this.

There is only Two sectors are pending for Master Road aquisition i.e. 75 and 80. Rest all sectors are already Marked for master Roads.

For reality, pls visit that area and You can see Yellow Small Pillers on the way to Master road marking. I personally visited that place on Sunday and seen that.

Moreover you can talk with Farmers there, and they already cleared their titles for Roads and the land where constructionis going on.
Yes, they are oppesing new land acuisition by authority for Fresh Construction work of Builders.

There is no comparison between Noida X'ten and Gr. Faridabad. Both are having totally different issues.

And we are not stopping anybody to take possession of their Units, our point was only that..
what is Future of Gr Faridabad without development?

I don't agree with the point of Mr MH Hasan, that we first take possession and can Fight later for Infra.

No, not at all. These both issues need to be handle parallel to each other and we can't give free hand to anyone either it is Builders or HUDA.

Everyone is putting hard earned money and giving so much of amount to HUDA and Govt., but where is the action fron Govt side since 2005. Its not the fault of Builders only. It is failure of Govt System.
Atleast Builder are building something in last 3 to 4 years...
But does Govt doing anything in that area, no nothing.

If they had taken physical possession of land long back, there won;t be any problem. But Govt. (HUDA ) was sleeping and enjoyingour money and distrubting Bonuses to their employee from our hard earned money and diverting your and my money to Rohtak for development in that area. (becasue, Rohtak, belongs to CM).

Let’s Fight for Common development of that Area and if all development is in place then builders are force to complete their projects.
Otherwise, if we keep on fighting with builders and forget for Area development then it will not lead to anything.

If Infrastructure is not in place, what is the meaning of Possession??

Builders in Haryana Knows that HUDA and STP are sleeping and due to that only they are delaying their projects. Moreover you can ask your builder the same thing, he will reply you the same.Therefore, builders are enjoying and cheating us in many ways.


So we need to take that Judgement as positive outcome and the courts strong verdict seems to have come on the right time for us...the court does take steps against the state as well...so if we are fighting the unjustice in development , then I guess we would also fare well.

So Don' t be panic and Fight for your Right with Builder and Govt agencies.

Thanks
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Re: Supreme Court verdict on Noida Extension Land Acquisition

Postby sagar.rajbhar » Thu Jul 07, 2011 12:47 pm

Thanks Mr.Dheeraj,

Your clarification will reduce the panic from peoples mind.

I would like add some points for those, who are in panic due to this decisions.

1. Farmers had fundamental rights against the land and it got converted in legal rights in land acquisition act.
BUT in both case the govt. can acquire the land in public interest like roads, canal, school, hospital etc.

2. We are fighting for infra only, which is our necessary need.

3. I personally believe in our success.

Thanks

Vidya Sagar
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Re: Supreme Court verdict on Noida Extension Land Acquisition

Postby 15.rajat » Thu Jul 07, 2011 12:59 pm

I would say that this case has made things very dynamic in real-estate market.

Though the Gr. Faridabad and Noida-x cases are totally different but the fact is that, in Gr. Faridabad the agitation by farmers was done for the same issue: land acquisition at a lower price than the market. And even though we know that except 2 sectors (as mentioned by Ajay) rest are all taken by HUDA, the possibility of farmers who happily sold their land to HUDA n all, may think something on similar lines.

But, at the same time, this judgement also gives me tremendous confidence about our case regarding EDC increase and non-development in Gr Faridabad against lethargic HUDA.


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Re: Supreme Court verdict on Noida Extension Land Acquisition

Postby sendtomanish » Thu Jul 07, 2011 1:23 pm

FYi..Quoting from TOI where other farmers of NOida EX tried to take benefit like Shahberi ,court dismiss...


A senior official of the Greater Noida Authority said the court rulings would only affect projects that fall in Shahberi village. When farmers of Gulistanpur village approached Allahabad HC after its Sahberi verdict, the court had ruled that they had already taken compensation cannot and could not challenge the land acquisition process. In the case of Sahberi village, only 40% farmers had taken compensation from the government.
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Re: Supreme Court verdict on Noida Extension Land Acquisition

Postby vineet » Thu Jul 07, 2011 2:26 pm

Hi Guys,

Going by the breed builders are, I guess builders will gain further in this and in the end consumers will be the ultimate sufferers.

-Farmers will re-negotiate the deals with the builders.
-Builders will pay some extra amount to farmers and charge double the amount from consumers. No calculations will be provided to consumers as always.

Customer will have two choices -- 1. Take back money after deductions (as per agreements) after years or 2. Pay extra.

The people will have to go for option 2.

So guys, whatever is the verdict - consumer has to take the hit.

We as consumers need to fight for our rights. Fear of failure should not hold us from taking actions. Courage wins the battles so just keep united and let's keep fighting for our rights.
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Re: Supreme Court verdict on Noida Extension Land Acquisition

Postby naveenarichwal » Thu Jul 07, 2011 3:25 pm

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Re: Supreme Court verdict on Noida Extension Land Acquisition

Postby ajay2023 » Thu Jul 07, 2011 4:15 pm

But it is very old news oct 2010.
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Re: Supreme Court verdict on Noida Extension Land Acquisition

Postby AAN111 » Thu Jul 07, 2011 4:27 pm

Dear All,

I have worked in Land Acquisition for Bharat Forge in a area near Pune - Rajajinagar. It is a draconian law - no doubt, but the thing to remember VERY CLEARLY is that:

- "Public Purpose" - under which land can be acquired, has not been defined from 1894 - till date
- The government can throw you out of your home/ land in 14 days flat, if it mentions that land is required for "urgent public purpose", and there is no requirement for kit to define it
- The courts cannot take cases against land acquisition - they can ONLY take cases on assessment of property for compensation (whether u get paid more or less) or how is the money distributed in the family
- once the farmer takes compensation, he does not have ANY right whatsoever to ask for his land back or for a higher amount of compensation. He might do dharna, but cannot stand in front of the court asking for more money. The suit will be thrown out
- if the farmer takes compensation "under protest", or refuses compensation totally, he might have some right to bargain for a higher price. But even in this case, the land CANNOT go back to the farmer

As far as I could understand from today's TIMES OF INDIA - In Noida, the Court has reverted the decision that land use was changed, and not land acquisition. Land was not used for the purpose for which it was acquired i.e. industrial use.

Regards,

AAN111
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