The Three Judges Bench of Allahabad High Court pronounced their judgment on 21.10.2011 in Civil Misc. Review Application No. 368519 of 2011 in Case:- Writ – C No.. _ 37443 of 2011 & pronouncing that…………”In view of the above, we have directed payment of something more than market value to those persons whose lands have been acquired for secondary public purposes in order to make them sharer in the profit which is to be earned by industrialists and builders”. Subsequently the honourable Supreme Court of India has also ratified the above said judgement on May 14, 2015. After lapse of about Six Years the Greater Noida Industrial Development Authority (GNIDA) has now issued circular no. – GRENO/GHS/2021/1981 dated 3rd February 2021 ‘Demanding there in where the Builders have not paid still their issued demand on them, from the SUB-LESSEE has to pay the demand of land compensation or enter into an Indemnity Bond of Rs. 10/- Stamp Paper to pay such demand as per order of High Courts if Sub-Lessee wants to transfer or outright sale of his/her property. The said circular is reproduced here below:- Your opinion is solicited about Legality of GNIDA circular dated 3rd Feb. 2021 in light of Judgement of The High Court Allahabad, where in it has been is directed to realize the Additional Land Compensation of 64.70 % to Land Owners from the profit of Builders only and not from SUB-LESSEE.wants to transfer or outright sale of his/her property.I am unable to upload the above said letter dated 3rd Febryary 2021 signed by DEEP CHANDRA, ACEO, IAS, GNIDA, Plot No. – 01, Knowledge Park – 04, Greater Noida City. I would also like to know about the GNIDA vide circular GRENO/GHS/2021/1981 dated 3rd February 2021 that seems to have committed Contempt by overlooking the judgement of three eminent judges (Full Bench) of High Court Allahabad where in the learned Judges have category stated that the Addition Land Compensation amount is shared by the profit of the Builders so earned.. Regards
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Only the builder is required to pay additional land compensation
2) circular appears to be in contravention of Allahabad HC in directing sub lessee to pay compensation
3) you can issue legal notice to GNIDA to with draw the circular failing which contempt of court proceedings would be initiated against them
- The said circular from the GNIDA is against the direction dully passed by the High court , and this authority cannot recover the said amount from the sub-lessee.
- You can send the reply to the GNIDA with the said order of the Court and ask to withdraw the issued notice.
- If no response, then file a contempt petition before the High Court for non-compliance and violation of the order after making the party to the GNIDA as well.
if you feel that the authority has disobeyed the high court judgment and has not implemented the judgment or failed to adhere to the orders passed therein, the aggrieved person, can file a contempt of court order against the authority
You may vent out your grievances against the authority which failed to implement the orders of the high court in the true sense.
Dear client,
You can communicate the GNIDA about the order normally or through a legal notice about the High Court order on this matter and after this if they continue with their circular then you challenge this in the court on the basis of said HC judgement.
Thank you.
