In a quirk of fate for buyers, Allahabad high court on July 6 will also hold the final hearing on a review petition on the same piece of land.
Two days before Supreme Court's July 5 hearing on a contempt of court notice issued to Noida Authority, over 5,000 apartment buyers in Sector 107 are a worried lot. The SC had issued its notice as the Authority had not followed its order to cancel acquisition in Sallarpur village, which comprises Sector 107. If the court order, to raise a fresh acquisition bid, becomes final, a new round of acquisition and compensation is expected to take place.
In a quirk of fate for buyers, Allahabad high court on July 6 will also hold the final hearing on a review petition on the same piece of land. The adjacent dates have now put the buyers in a fix.
On Sunday, close to 2,000 buyers of Sector 107 assembled at their apartment complex and organised a protest. They also took to social media with #humansofsector107 tweeting to the President, PM and CM.
"After an interminable 11 months of hearings of the review petition at Allahabad high court, the case was finally drawing to its logical conclusion, with both buyers and farmers ending up as winners. But we're worried the Supreme Court might give its final order a day before the high court's expected verdict favouring higher compensation, and then our projects would be embroiled in another round of legal battles," Puneet Parashar, who leads the Sector 107 buyers association, said.
The buyers claim they have been left in the lurch after a 2013 Supreme Court order quashed the acquisition of 225 hectares land in Sallarpur village of Gautam Budh Nagar, that comprises Sector 107. There are close to 5,000 apartments spread over the five stalled builder projects in the area.
Buyers bought flats in 2010-11 in Noida's Sector 107. The Authority had acquired the land in 2008 -2009 under an urgency clause of the Land Acquisition Act, which was challenged by farmers, first in Allahabad high court and then in Supreme Court. The apex court quashed the acquisition in an order on August 5, 2013. In fact, not only did the SC cancel the 225 acre land acquired, it cancelled the entire notification of Sallarpur village. But construction continued on full swing even after the order.
Builders filed a review petition of the order at the SC. The SC sent the case back to Allahabad high court for a review. The Allahabad high court will hear the case next on July 6, and is expected to rule in favour of higher compensation, which both buyers and villagers are happy with.
Meanwhile, the Supreme Court sent a contempt notice to the Authority for not following its August 5, 2013 order, which asked the Authority to raise a fresh land acquisition bid of Sallarpur village, instead of further construction. The contempt notice was issued by a bench of Justice Gopala Gowda and Justice Arun Mishra. The SC is expected to give its verdict on the contempt plea, on July 5.
Source: ET Realty
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