Eligible for developed plot or not in Noida
Sir,
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 8 years ago in Property Law
Religion: Hindu
sir,
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.
thank you
Asked 8 years ago
sir,
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.
thank you.
Asked 8 years ago
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 6 years ago