In a relief to home buyers in Greater Noida and Noida Extension, the Supreme Court on Thursday ended the uncertainty over the acquisition of 22,000 hectares of 60 odd villages where construction of residential projects are in full swing by dismissing the bunch of petitions filed by landowners who demanded either return of their land or enhanced compensation.
Putting a quietus on the legal battle that emerged out of a judgement by Allahabad High Court on October 21, 2011, the apex Bench of Chief Justice Hl Dattu, Justices AK Sikri and Arun Mishra upheld the HC decision which saved the acquisition of 60 villages in Noida Extension and Greater Noida by enhancing compensation for aggrieved land owners by about 64 per cent.
Most land owners were not satisfied by the HC decision and preferred a appeal to the apex court. The apex bench refused to unsettle the position laid down by the HC as it also provided for 10 per cent of the developed land to be given to farmers. Close to 500 farmers from villages in Greater Noida and Noida had challenged the acquisition proceedings between 2006 and 2009 by the then Mayawati Government. The farmers objected to the urgency clause invoked by the State Government to acquire their land in lieu of constructing development projects and industries. The Master Plan showed land use as industrial. But soon after acquisition, the land use was altered to residential allowing residential projects, malls and educational institutions to set base.
While the farmers of three villages — Shahberi, Abdullapur and Devla — were returned their land by the HC, the remaining villages covering over 22,000 hectares of land failed to convince both HC and apex court on being granted meager compensation. While enhancing their compensation, the HC judgment said, “If on the acquired land, profit earning activity is being carried out, then the person whose land has been acquired has got full right to have some share in the profits.”
Under the new formula evolved by the HC, a farmer who had received Rs850 per square metre at the time of acquisition would now receive Rs1,400 per square metre. The farmers claimed current market rate on their lands, close to Rs10,000 per square metre. The HC did observe in its judgment that there were certain illegalities in land acquisition process of Uttar Pradesh Government as right of hearing was not given to the farmers, yet stuck by the HC decision.