WINDFALL FOR THE OFFICERS OF THE NATIONAL CAPITAL REGION PLANNING BOARD

WINDFALL FOR THE OFFICERS OF THE NATIONAL CAPITAL REGION PLANNING BOARD

Posted by Robby Sharma on 26-10-2011

The Allahabad High Court full Bench while deciding the greater Noida and Noida Extension-NOIDA Land acquisition cases on 21-10-2011 has issued a direction which will enrich the officers of the NATIONAL CAPITAL REGION PLANNING BOARD beyond their wildest imagination. The Builders in order to get their projects approved will have to get the Master Plan 2021 of NOIDA approved by the NCRPB and every one knows that the NOIDA Authorities are not going to grease the palms OF THE NCRPB officers for the purpose so it is but natural that the BUILDERS will be forced to step in. Rest assured the NCRPB will approve all the projects as in India everything everyone is for sale.The relevant direction of the Allahabad High Court is as follows:-

Reserved on 30.09.2011.

Delivered on 21.10.2011.

Group-1 (Writ petitions relating to village Patwari)

(1)Case :- WRIT - C No. - 37443 of 2011

Petitioner :- Gajraj And Others

Respondent :- State Of U.P. And Others

With

(2)Case :- WRIT - C No. - 48089 of 2011

Petitioner :- Meghraj Singh And Others

Respondent :- State Of U.P. And Others

With

…..

……….

……………some five hundred other cases

“5. The Greater NOIDA and its allottees are directed not to carry on

development and not to implement the Master Plan 2021 till the observations and directions of the National Capital Regional Planning Board are incorporated in Master Plan 2021 to the satisfaction of the National Capital Regional Planning Board. We make it clear that this direction shall not be applicable in those cases where the development is being carried on in accordance with the earlier Master Plan of the Greater NOIDA duly approved by the National Capital Regional Planning Board.”

…………..

Dated: 21.10.2011

The judgment of the Allahabad High Court although correct in dismissing the cases filed years after the Acquisition is very very strange indeed with regard to cases where the Builders carried on developments in spite of status quo orders of the Court. The Court has ignored the contempt of its own orders and given no relief to the Writ Petitioners of these Writ petitions. Satish Mishra is indeed a great fixer of Judiciary and that is the only reason that he is so close to Mayawati ji.

This Judgment , by which relief has been given to builders and Allottees of plots solely on the ground that they are third parties and as such third party rights need to be protected. Now what this Judgment means is that some dacoit can rob you and then sell your property to say ten people and when the Police catches him then you will not get back your property as third party rights have been created by the robber selling the goods to these ten people. Now is it what actually happens? Answer is …. No. In such cases the Police even arrests the buyers of the stolen property. So indeed the Judgment is ridiculous. So what should have been done is that the Land which was fraudulently acquired (stolen) from the land owners, who did not take any compensation should have been restored back to the owners (irrespective of the fact that 60% or even 90 % Land owners had accepted the Compensation) and the Builders and Allottees of NOIDA Authorities should have been given the option of recovering their damages from the NOIDA/Greater NOIDA Authorities and the Court fee for the purpose should have been hoisted on the NOIDA Authorities. That would have been Justice.