Uttar Pradesh
,
Noida
,
Gautam Buddha Nagar
Published :
Mar 2018
|
Updated :
Judicial ruling reshapes compensation landscape in Noida land dispute
Reported by
Ankur Goswami
Legal Review by
Anmol Gupta
Edited by
Anupa Kujur
3125
Households affected
15000
People affected
1976
Year started
ha.
Land area affected
3125
Households affected
15000
People Affected
1976
Year started
Land area affected
Key Insights
Sector
Infrastructure
Reason/Cause of conflict
Township/Real Estate
Conflict Status
Ongoing
Ended
Legal Status
Region Classification
Urban
Unclassifed
Sector
Infrastructure
Reason/Cause of conflict
Township/Real Estate
Conflict Status
Ongoing
Ended
Legal Status
Region Classification
Urban
Ended
1
Summary

The Greater Noida Industrial Development Authority acquired land from farmers between 2002 and 2009 for the development of townships and urbanisation in and around Noida.

In 2011, a group of farmers filed a petition before the Allahabad High Court challenging the acquisition procedure and demanding increased compensation rates. In October 2011 the Court directed the authority to increase the compensation of petitioning farmers by 64.7 percent, and return 10 percent of the land in the form of developed residential land. The state government and authorities challenged the verdict before the Supreme Court. The court dismissed the challenges in 2015.

Meanwhile, another set of affected farmers filed a petition before the High Court asking for the increased compensation decided in the previous case. However, the court dismissed this petition and directed the Authority to decide whether they were willing to extend the same benefit to the other landowners. The Authority chose not to extend this benefit. There are about 15,000 landowners who would have benefited from the increased compensation. Farmers appealed before the Supreme Court, which also dismissed the appeal in 2018.

In addition, the SC asked the Chief Secretary to conduct an inquiry to look into the process of land acquisition. Meanwhile other farmers continued to protest claiming that authorities are trying to violate the court orders by allotting 6 percent of total area, instead of the agreed upon 10 percent, due to the paucity of land, as per a news report.

On 27 December 2017, farmers from more than 45 villages protested in front of the office Greater Noida Industrial Development Authority (GNIDA) under the banner of Kisan Sangharsh Samiti. The meeting with the additional CEO of GNIDA failed to satisfy the protesters. However, in January 2018, the government assured the farmers that their demands will be addressed after the protests started again. Finally, in February 2018, Uttar Pradesh government agreed to allot 10 percent of developed residential plots to all the petitioners, according to a report. The state governments announcement and the SC's decision has been well received by the authorities.

In October 2019, the Authority demanded additional payment from allotees due to the increased compensation rate. "Following the orders of the Allahabad High Court to give additional 64.7 percent compensation to the farmers, the authority will charge more money from people (allottees of the township) at Rs 1,287 per square metre rate, with a 11 percent interest rate." According to the notification, people who have been allotted flats will have to deposit this amount in four installments on per quarter basis in a year.

These allottees are situated on the plots of farmers of those 39 villages who approached to the court. Those who are based out of those 39 villages' lands will remain unaffected from the order. These nine sectors include, Alpha 1,2, Beta 1,2, Gama 1,2, and Delta 1,2 and 3.

Between 23 April 2023 and 24 June 2023, hundreds of farmers protested outside the GNIDA office stating that they are yet to receive extra compensation. They also asked the GNIDA to fulfil other promises it made while taking their land. Following a A 61-day dharna, the State government set up a committee to address their demands. 

Following court's order, the Authority had distributed the compensation amount to the farmers. Some RWAs had considered approaching the court against this demand, but there is no information on whether they filed a case.

2
Fact Sheet

Demand/Contention of the Affected Community

Demand for more compensation than promised

Other Demand/Contention of the Affected Community

Region Classification

Urban

Type of Land

Private

N/A

What was the action taken by the police?

How many people did the police detain or arrest?

What is the current status of the detained/accused persons?

Did the person face any violence while in police custody?

If any arrests took place, were the accused persons produced before a judge within 24 hours of the arrest?

If the accused was not produced before a magistrate within 24 hours, or not produced at all, what were the reasons?

Legislation under which the accused was charged

Was the accused person informed of their right to legal representation? Did the accused person have access to legal aid?

In cases where the accused person approached the court for bail, was bail granted?

Why was bail granted or rejected? If granted, what were the bail conditions and quantum of bail?

Were there any other notable irregularities that took place, or other significant details?

Details of sources (names of accused, names and numbers of any lawyers, names of any police officers contacted)

Status of Project

Project completed

Original Project Deadline

Whether the Project has been Delayed

Significance of Land to Land Owners/Users

Agricultural land

Whether the project was stalled due to land conflict

Source/Reference

Total investment involved (in Crores):

Type of investment:

Year of Estimation

Page Number In Investment Document:

Has the Conflict Ended?

Yes

When did it end?

February, 2018

Why did the conflict end?

Court decision in favour of community

The High Court and Supreme Court refused to extend increased compensation to landowners who were not petitioners in the original case. The GNIDA has also not increased the compensation.

4
Additional Information

Government Departments Involved in the Conflict:

Greater Noida Industrial Development Authority, Yamuna Expressway Industrial Development Authority

PSUs Involved in the Conflict:

Did LCW Approach Government Authorities for Comments?

Name, Designation and Comment of the Government Authorities Approached

Corporate Parties Involved in the Conflict:

Suraksha Realty

Did LCW Approach Corporate Parties for Comments?

Communities/Local Organisations in the Conflict:

5
Information on the use of criminal law

What was the action taken by the police?

How many people did the police detain or arrest?

What is the current status of the detained/accused persons?

Did the person face any violence while in police custody?

If any arrests took place, were the accused persons produced before a judge within 24 hours of the arrest?

If the accused was not produced before a magistrate within 24 hours, or not produced at all, what were the reasons?

Legislation under which the accused was charged

Was the accused person informed of their right to legal representation? Did the accused person have access to legal aid?

In cases where the accused person approached the court for bail, was bail granted?

Why was bail granted or rejected? If granted, what were the bail conditions and quantum of bail?

Were there any other notable irregularities that took place, or other significant details?

Legal Supporting Documents

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Author
Reported by
Ankur Goswami
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Fact sheet

Demand/Contention of the Affected Community

Demand for more compensation than promised

If any arrests took place, were the accused persons produced before a judge within 24 hours of the arrest?

Was the accused person informed of their right to legal representation? Did the accused person have access to legal aid?

In cases where the accused person approached the court for bail, was bail granted?

Why was bail granted or rejected? If granted, what were the bail conditions and quantum of bail?

Were there any other notable irregularities that took place, or other significant details?

Status of Project

Project completed

Original Project Deadline

Whether the Project has been Delayed

Significance of Land to Land Owners/Users

Agricultural land

Whether the project was stalled due to land conflict

Source/Reference

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Exclusive monthly policy briefs, stories from the ground, Quarterly Analytics report, Curated Expert talks, merchandise and much more.


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