ALLAHABAD: The hearing into the land acquisition cases, acquired in Noida, Greater Noida and Greater Noida Extension by the full judge bench of the Allahabad High Court would continue on Tuesday.

The full bench comprising Justice Ashok Bhushan, Justice SU Khan and Justice VK Shukla on Monday permitted the counsels of all the parties to argue the writ petitions filed pertaining to the land acquisition matter of Patwari village.

The petitioners' counsel as well as the counsel appearing for the UP government, Noida and Greater Noida authorities on Monday argued at length in support of their cases. The argument of the petitioners' counsel were that there was colourable exercise of power by the state government and authorities in acquiring their land. They have been illegally deprived from hearing before acquisition of their valuable lands, which have been taken away by the state government and the authorities at a throw away price and the same handed over to the builders at very high price.

Opposing the arguments of the farmers, the counsel appearing for the state government and the Greater Noida Authority had pleaded before the full bench that substantial development work had taken place in Noida and Greater Noida and Extension areas after acquisition of the farmers' land.
It was also pointed out by the UP government counsel that the recent apex court judgment given in Shaberi village case will not apply in the case of Patwari village, because in Shaberi case, the land use was changed and there was no development work there.
It was also argued that in village Patwari, there was no change in land use and substantial development work had already taken place. The argument was that 80% farmers had taken the compensation against acquisition of their land and in sector II, 200 individuals plots have been allotted and these plots were not given to the builders.
 The state government also apprised the full bench that about Rs 30 crore have been invested for development of the area and therefore at this stage, after lapse of three years period from the date of notification for the acquisition of the land, the writ petitions of the farmers are not maintainable and entertainable.
Since the farmers have taken compensation, therefore the principle of estopple will apply.
It may be recalled that the Allahabad High Court in August had asked the UP government, Noida and Greater Noida authorities, builders and others to file counter affidavits on hundreds of the petitions filed by Gautam Budh Nagar farmers challenging acquisition of more than 3,000 hectares of land for development of Greater Noida and Noida Extension. A full bench of the court had decided to hear the cases on a day to day basis from September 12.
source :TOI


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