Noida Extension latest news update sept: high court proceeding – HC wants records to justify use of urgency clause
The three-judge bench of the Allahabad High Court specially constituted to hear the land acquisition cases of Noida and Greater Noida began its day-to-day hearing on Monday.
The court asked the two authorities to produce all records in support of their contentions with respect to use of urgency clause for acquisition of land and other aspects like alleged change of land use. The court also asked the petitioners to file detailed and specific affidavits regarding compensation so that the respondents-the Noida and Greater Noida Authorities-could file their counter-affidavits in time during the course of the hearing. The court is hearing over 500 petitions pertaining to more than 30 villages of Noida and Greater Noida, where land has been acquired using the urgency clause. The petitioners have alleged the government acquired the land through unjust use of urgency clause and has given away the acquired property to private developers by changing the land use.
The court also agreed to the petitioners’ suggestion that the cases may be taken up village-wise and notification-wise. “After the conclusion of arguments and counter-arguments, along with rejoinders, the interveners for that particular village or notification will be heard,” the court said.
Several private builders had impleaded to become a party in these petitions but the court had rejected the same and allowed them to put their point as interveners. The three-judge bench was constituted after two different benches of the same high court gave contradictory judgements on acquisition of land in Patwari village using urgency clause. While a 2008 decision had upheld land acquisition in Patwari, a decision in July this year had quashed the same.
The three-judge-bench-comprising Justices Ashok Bhushan, S U Khan and V K Shukla-while hearing the petition pertaining to Patwari village, said: “Petitioners may file specific affidavit in each writ petition regarding payment of compensation, date of compensation, date of receiving compensation, payment of additional compensation (if any) and other details regarding compensation.the affidavit…titled ‘affidavit regarding compensation’ to facilitate the respondents to file reply to the said affidavit and bring all relevant/essential facts regarding compensation on record.” “The court has asked everything related to the case be brought on record by the petitioners and the respondents,” said Pankaj Dubey, counsel for Patwari villagers.
Counsel for state, led by L Nageshwar Rao, along with counsel for Noida Authority P S Patwalia and the chief standing counsel M C Chaturvedi maintained the Authority had proceeded as per Master Plan and areas marked for commercial use were being used for the same purpose.
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