Eligible for developed plot or not in Noida
we are a member of agriculture society in noida sector 143-144,society owns 70 acres of land and it has 65 members.Around 46% of land was acquired between 2006 to 2009,remaining land was taken by noida authority under ceiling act.A legal case regarding this is pending in Allahabaad high court,but am here mainly to ask about the land acquired by authority.
We 65 members have filed the case in court for that and you all must be aware that high court clubbed all the thousand of petition together in 2011 and gave following directions-
1 64% enhanced compensation should be given to all.
2 10% developed land should be given to all.
3 land of farmers will not be returned.
We received 64% enhanced compensation but Noida authority refused to give us developed land as they say they only give land to ancestoral farmers or those who inherited land.However Allahabaad High court has ordered that developed land will be given to all farmers whether its PUSHTAINI or not.
Against this order the Noida Authority moved to Supreme Court,However Supreme Court in feb_2015 upheld High Court decision and gave following directions -
1 64% enhanced compensation should be given to all.
2 10% developed land should be given to all.
3 Land of farmers will not be returned.
4 Their Right for higher compensation will not be taken away.
My question is about direction 2 and 4 of Supreme court.
Q1- In direction 2 of Supreme court feb_15 decision makes it clear that developed land must be returned in 6 months to all farmers whether pushtaini or not.Now we asked Noida authority that we are now also eligible for it but they have refused for developed land,As per them our land is registered on the name of one complete society and not individuals,so we are not eligible for the compensation of developed land.
So kindly explain this?Can we file a case in court regarding this or the authority is right at their end?apart if we file the case please let me know what are the chances?
If we eligible to file the case what will be the success rate for it and how strong we are on this case?
Q2 - In direction 4 of Supreme court feb_15 decision our right for demanding higher compensation will not be taken away.Also in newspaper i have read that Supreme Court has said that one can demand market rate also.
plz explain this point also do we need to file separate case for receiving these benefits?
Q3 - Apart i have one more question away from this point as its regarding the other remaining 54% land...the noida authority has put our remaining 54% land under ceiling as they have considered the owners of the land as collectively one society and not as different individuals.
kindly suggest for developed land as what action we should take up as the Noida authority have already started to make list of farmers eligible for beneficial land.
thanks n hoping for fast response from your side..
Asked 2 years ago in Property Law from rohtak, Haryana
1) as per SC order 10 per cent developed land should be returned to all . The order makes no distinction between individual farmers and society . Hence you would be entitled to return o 10 per cent land
2) take out contempt of court proceedings against noida authority
3) it is necessary to persue order passed by SC . It appears you can seek enhanced compensation from noida authority
4) you must have engaged lawyer to fight your case in SC . Go by his advice
1. The SC order says " to be given to all". It includes society as well. SO file a contempt application in SC for compliance of the order.
2. Yes, you have to place fresh claim for enhanced compensation.
3. File a writ petition in Allahabad High Court for claiming your right.
1. The SC has categorically stated that 10% land should be returned to all. The court has made no distinction between those farmers who own an ancestral land and those who do not. The stand taken by the authority is not in consonance with what the court has ordered.
2. In so far as the right to claim higher compensation is concerned, this is a future right which the SC has held that the aggrieved individuals will be entitled to exercise. This right can be exercised if there is delay in the disbursement of the compensation amount set by the High Court.
3. It is wrong to categorize the land of the owners as society land. The individual rights in the land do not get diminished on the formation of a society.
4. You are at liberty to move the court to claim the developed land and higher compensation. In addition to this you can also challenge the decision of the authority to identify your land as society land.
1.You have stated that he society owned 70 acres of land. The society was formed by the land owners after contributing their individual land.While filing the petition before the Supreme Court you should have mentioned about the individual land given by the individual land owners while forming the Society. The authority has availed the opportunity of your not getting this aspect clarified by the Court. You shall have to file a case further for the declaration that he Supreme court order is applicable on the individual land owners who gave their pieces of land to form the society,
2 Yes, if you demand higher amount towards compensation, the said Order of the Supreme Court did not bar you from doing so. This means that you can file an application claiming compensation at enhanced pecentage citing present market value,
3. File a case against this view of the Noida authority since the society is formed by 65 members who owned those pieces of land.
first of all i am very thankful to all of you for responding to my question.now i should make you all aware of latest happenings-before diwali authority gave plots to those petitioners who filed case in supreme court.but then rest of farmers threatened authority that we ll file contempt case in HC.now they have also been alloted plots.SIR KINDLY ANSWER FOLLOWING QUESTION-
A- sir we asked you this question few months back and we have done nothing because few senior members of society have difference of opinion and they may have talked to some lawyer and authority and are of view that only individuals who have land on their name will be getting plot and we are not eligible.but we should know that authority was of view that land should be given to only pushtaini landowners and both SC AND HC rejected it.i told them what advise you guyz have given us and they are thinking you guyz are giving casual and general advice.they are saying after ceiling case is oVER then we may apply for plots.thats i cant understand as both cases are not related to each other.ceiling case may take years.SO SHOULD WE WAIT OR FILE contempt case.
B sir i will be going to noida and present tha case to members and try to convence them and i will be telling them you guyz are senior and best advocates of the country.sir i want your advice on what i should say to them.
C-noida authority has decided to give 2500 sq yard maximum developed land to a individual.so is there a chance that high court will consider entire society as one individual and will only give 2500 sq yard land only.
D- SHOULD WE FILE contempt case in high court as soon as possible as authority has limited land bank and surely we will engage a lawyer for it but still want to know from you all what points should we mention.
E MOVING AWAY from PLOT ISSUE I WANT TO KNOW YOUR OPINION ON REMAINING 54% LAND OF SOCIETY which authority have taken under ceiling act.the case is pending in high court from years.we have hired group of advocates for that case.i know its difficult rate the chances success bt can authority do that and do we have strong case.
SIR KINDLY READ MY EARLIER QUESTION BEFORE ANSWERING THESE AS I HAVE EXPLAINED EVERYTHING IN THEM.
SIR I REALLY APPRECIATE RESPONSE OF U ALL.
Asked 2 years ago
1) file contempt of court proceedings If authority is declining to give 10 per cent developed land
2) the SC has clearly mentioned that 10 per cent developed land should be given to all
3) if members of your society are not convinced let them consult a senior advocate from SC and obtain his written opinion before proceeding further
4) in respect of land cieling act case which is pending for years you have to wait for your case to reach final hearing . You can make application to HC for expedited personal hearing
1. File the contempt case now since it will nor deter your applying for the plots after ceiling case is over,
2. tell them that we are not casual but professionals,
3. It is not likely so but it all depends on how your Advocate pleads and their Advocate responds,
4. File contempt case and your main point should be that the said land has already been purchased in plots by individuals who has formed a society,
5. Your case will become strong only when the acquired land remains unutilised for a considerably long period.
i talked to society members and they told me we should inform you all that it is a cooperative agriculture society different from normal society.individuals have not contributed land otherwise there would have been no cieling.it was a new concept and share were given on amount of money and it is not a normal agriculture society.land is not on any individuals name..we purchased land from local noida farmers.are we still eligible for developed plots?
sir request to you all kindly answer it as soon as possible.
Asked 2 years ago
1) society is the owner of 70 acres land which it acquired from the farmers
2) 46%of land standing in name of society was acquired by noida authority
3) it is your case that SC has directed 10% developed land should be given to all.
4) we have not perused the SC order
5) on the basis of facts stated by you we have opined that if SC has held that 10%^developed land should be given to all you should also be entitled to 10%of developed land
6) you should contact a local lawyer and as advised earlier obtain his written opinion
1. How the agricultural Society was formed? Did you all pay money to buy shares of the Society who bought the land from the farmers? The important question is who bought the land from the farmers
2. You stated "individuals have not contributed land otherwise there would have been no cieling.it was a new concept and share were given on amount of money and it is not a normal agriculture society.land is not on any individuals name..we purchased land from local noida farmers.are we still eligible for developed plots?". You stated that " We purchased te land from local noida farmers". Here we means who? Is it the Society who has purchased the land?
2. If it is the Society who has purchased the land, then your stnd should be that all its members are entitled to the land based on its share in the Society,
3. Based on the above logic all the members should claim entitlement of their individual share of the developed plot based on their shares in the said society.
Contempt is made out against the authorities, so you may file it. If the other members of the society are not willing to institute contempt proceedings then you may do so in your individual capacity.
i have three questions kindly respond to them.kindly read my earlier question so it will be easier for you to answer my questions.
Q 1 my first question is about land cieling.after 20 years of case we have won land cieling case.this land was taken under cieling and in 2008 alloted to builders.but now as we have won the case we are demanding compensation under new land act 2013 as we have not received any compensation and as per section 24 of land act we are eligible for it and said land acquisition has lapsed.but authority is offering the compensation on the rate of 2008 and we will file case in high court for this.sir what i want to know what are our chances that we will get benefit of new act?
Q 2 my second and most important question is about the land which was acquired by authority in 2008-2009.as i earlier told u in 2011 high court increased the compensation by 64% and ordered to give 10% developed land .but chairman of our society told me recently we didnt go to high court and in its order high court stated that these benefits should be given to all farmers or only to those who come to court rest with authority but we were given 64%hiked compensation.farmer were not satisfied and wanted there land back and decided to go to supreme court where supreme court on 6th may 2015 ordered along with these two benefit third benefit will be given which is to get fair market price of there land under the machinery provided in new land act 2013.now my question is can we go to supreme court directly claiming remaining two benefits.i read in newspaper that judges said they will continue hear cases for developed land and other benefit.we talk to a lawyer he told us we can file within 3 years of court decision which will be 6th may 2018.my question is can we go directly to supreme court after not challenging the compensation earlier and accepting it in 2009 with protest?
Q 3 my third question is about how unfairly government has set circle rate for agriculture land in noida.as you are aware we will get twice of circle rate.the circle rate in entire noida is rs 70 lacs per acre.whereas in gurgaon it is 5 crore so farmer there are getting 10 crore per acre.similarly in ghaziabad it is upto 6.40 crore so they are getting 12.80 crore per acre.reason for comparing is that when our land is converted into group housing land the circle rate is 34 crore and for commercial it is rs 80 crore.wheres in sectors where 10 crore compensation is given in gurgaon the circle rate for group housing land is 12 crore and 15 crore for commercial.same situation is in ghaziabad.our land located in noida sector 144 is the most expensive land in ncr and compensation we will receive is lowest in ncr.i know we can challenge in high court as this provision in new act.what i want to know
is can we challenge it after accepting compensation with protest or we cant accept it and can we get equal amnt to these cities
Asked 1 month ago
1) you are entitled to enhanced compensation under new land acquisition act 2013 as you ha e not been paid any compensation
2) you cannot get compensation equal to the three cities . You would get compensation as per circle rate
3) you can claim enhanced compensation as per SC order . It is necessary to peruse order passed by SC to advice further
1. You have a very fair chance of wining the case and while filing the said case for getting the compensation also get the other differences cleared by the Court like treating the Society as one Unit while giving the compensation whereas it has 65 members who bough shares of the Society which had purchased the said land.
2. Supreme court has already given you leave for claiming compensation as per market rate. Sop, you can file a petition claiming compensation at higher rate but most importantly get the anomalies/confusion created by the NOIDA authority cleared by the Supreme Court by declaring all 65 share holders of the Society as eligible to get compensation individually.
3. You should accept the said compensation under protest and then file the case challenging the said circle rate fixed.