THE LAWFILE

CJI confounded at PIL on Noida Extension

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In connection to the problem on the Noida Extension,the SC has witnessed a severe vexed moment when the CJI remarked an out of the blue opinion and  annoted and terming as “The biggest problem” the state of affairs when the Supreme Court is called upon to give ex-post facto approval to buildings and projects after crores have been invested.

“The most acute problem over the years the Supreme court has faced is that the plans, the buildings, the projects come up and suddenly at the end a PIL comes and we are required to decide ex-post facto approval.”

“This is the biggest problem the which Supreme Court is facing. Should crores of investment be just thrown out or should we give ex-post facto approval. If so, in what cases?” he said at an international seminar.

In Noida Extension, an estimated 2.5 lakh houses are planned and out of that about one lakh units have already been sold by builders.

Noida Extension Flat Buyers Welfare Association (NEFBWA) which represents nearly 30,000 affected flat owners in Greater Noida, is expecting that the Allahabad High Court will admit its applications on July 26 to become a party in the cases related to land acquisition.

High Court has quashed the acquisition of about 750 hectares of land from farmers by the Greater Noida Development Industrial Authority (GNIDA), affecting more than 26,000 flat-owners and about 20 realty projects of developers, including Amrapali and Supertech.

Justice Kapadia said local bodies also create problems for the Supreme Court when they first approve a project but backtrack later and suggested that the British legal system could give India some directions as UK has devised some concepts to face this challenge.

On July 6, the Supreme Court had upheld the Allahabad High Court’s order to quash acquisition of 156 hectare of land from farmers in the Shahberi village of Greater Noida. Last week, the High Court passed another order quashing the acquisitions of 589.13 hectares of land acquired from the farmers.

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