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Flat owners and builders are left worried following the Supreme Court's order on Thursday granting a stay on the construction of housing units over 20 acres of land in Noida Extension's Bisrakh village.
The court's order came on combined petitions of 10 farmers who did not allow builders to start construction work on their land.
Gayatri, Stellar, Paramount, Devika Gold and Express are among the builders affected by the court order. These builders were planning to construct around 15,000 housing units on the disputed land. They had already started booking of these units.
The fate of 50,000 buyers is now uncertain in Bisrakh village, where the biggest amount of land (40 per cent) is at stake.
Adding to the woes is the fact that petitions of around 60 farmers of Bisrakh village, who have not accepted compensation, seeking quashing the land acquisition, are scheduled to be heard in the apex court.
If the court delivers a similar order as Thursday's, a large section of home-buyers would be affected as 15 real estate players are constructing housing units on the acquired land.
Bisrakh farmers, who have refused 64 per cent increased compensation from Greater Noida Authority, have accused the authority of acquiring their land "unfairly" by using the urgency clause of the Land Acquisition Act. They allege that the land use was changed to suit private builders.
In 2008 , the Greater Noida Authority had acquired 608 acres of land from farmers of Bisrakh village in which builders planned to construct about 50,000 houses.
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Today NEFOMA had meeting with a large number of buyers of
Greater Noida West, who were requestion NEFOMA to tag them in writ pretition
filed by NEFOMA. As all know NEFOMA has filed writ pretition in Allahbad High
Court against the buyers who are doing cancellation on verious grounds. Today
many of buyers has registered with NEFOMA for tagging themself in writ pretition
against builders.
Buyers who were present there were from the projects of
builders which are already added in wrip prition and now NEFOMA will tag
remaining builders in writ pretition. Some of them are Ajnara Homes, Rudra,
Gulshan I Homes. Buyers strength shows that there is big issue in this Greater
Noida West Area.
Buyers booked their flats at a time when there was no land
acquisition controversy (and if, it was there, no body i.e.Greater Noida
Authority, Builder, Agents informed to the Buyers). They paid the booking amount
of their flats as per the rates fixed by the builders themselves when they
started their projects which was escalation free as per the Builder Buyer
agreement. During the Land Acquisition controversy buyers were concerned about
their respective
flats/projects. However, builders assured that this controversy is between authority and farmers. Builders are not involved and very soon Authority will resolve the matter as most of the land has been developed and so many buyers have already invested their money. Buyers were convinced by their words and decided to show their faith with the builders.
But after clearance of land controversy and NCRPB Approvals mandate by Honble Allahabad High Court in his verdict dated 21.10.2011, the Builders became greedy and broke all the promises done before. They increased the previous rates arbitrarily and started cancelling flats without any substantial reason. However, Builder/ CREDAI promised that none of the flat will get canceled of all those buyers who has booked there flat before controversy.
In addition to cancellation, builders are forcing existing buyers to sign an addendum in case the builders have to pay compensation to farmers in future after the land acquisition controversy at Noida Extension. The Builders are completely getting away with their liabilities towards buyers as well as farmers. They want buyersto pay compensation to farmers indirectly which is supposed to pay by the builders/authority as per honble
Allahabad High Court order.
The builders are cancelling the flats on unreasonable stating Service tax not deposited, booking amount paid was less than 10%, non-acceptance of offer to shift in other project within given time, non-payment of the amount for the increase in arbitrarily booked rate from 300 to 1000/- per sq. ft.,non-payment of interest for disputed period which was declared zero period by the Greater Noida Authority.
The NEFOMA believes that these are unethical business practices which are only increasing the liabilities of buyers for all financial expenses which the Builders and The Greater Noida Authority should pay as buyers were not involved and responsible for the unethical land acquisition done by Greater Noida Authority and as per builders they were selling flats legally and as per the reasonable contractual liabilities Hence, this writ petition seeks to stop cancellation, non-legal contractual practices and one-sided legal obligation which are being used by builders to exploit innocent flat owners who invested in various housing projects without knowing of any land controversy at Noida Extension.
The present matter filed by the nefoma has listed 27th May 2013 before Honble High Court and Honble high court was pleased to refer the matter before proper bench and matter got adjourned for 1st july 2013.
The NEFOMA will keep on fighting for the rights of buyers who spend their hard-earned money and dream of a home.
flats/projects. However, builders assured that this controversy is between authority and farmers. Builders are not involved and very soon Authority will resolve the matter as most of the land has been developed and so many buyers have already invested their money. Buyers were convinced by their words and decided to show their faith with the builders.
But after clearance of land controversy and NCRPB Approvals mandate by Honble Allahabad High Court in his verdict dated 21.10.2011, the Builders became greedy and broke all the promises done before. They increased the previous rates arbitrarily and started cancelling flats without any substantial reason. However, Builder/ CREDAI promised that none of the flat will get canceled of all those buyers who has booked there flat before controversy.
In addition to cancellation, builders are forcing existing buyers to sign an addendum in case the builders have to pay compensation to farmers in future after the land acquisition controversy at Noida Extension. The Builders are completely getting away with their liabilities towards buyers as well as farmers. They want buyersto pay compensation to farmers indirectly which is supposed to pay by the builders/authority as per honble
Allahabad High Court order.
The builders are cancelling the flats on unreasonable stating Service tax not deposited, booking amount paid was less than 10%, non-acceptance of offer to shift in other project within given time, non-payment of the amount for the increase in arbitrarily booked rate from 300 to 1000/- per sq. ft.,non-payment of interest for disputed period which was declared zero period by the Greater Noida Authority.
The NEFOMA believes that these are unethical business practices which are only increasing the liabilities of buyers for all financial expenses which the Builders and The Greater Noida Authority should pay as buyers were not involved and responsible for the unethical land acquisition done by Greater Noida Authority and as per builders they were selling flats legally and as per the reasonable contractual liabilities Hence, this writ petition seeks to stop cancellation, non-legal contractual practices and one-sided legal obligation which are being used by builders to exploit innocent flat owners who invested in various housing projects without knowing of any land controversy at Noida Extension.
The present matter filed by the nefoma has listed 27th May 2013 before Honble High Court and Honble high court was pleased to refer the matter before proper bench and matter got adjourned for 1st july 2013.
The NEFOMA will keep on fighting for the rights of buyers who spend their hard-earned money and dream of a home.
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Time : 10.30 AM
Place : Noida Entry Point, Gautam Budha Statue
As you know NEFOMA has filed writ in Allahabad High Court in this regards NEFOMA is organizing a Meeting on Sunday , 2nd ,June 2013 at Noida Entry Gate Park,Near Gautam Buddha Statue, Noida Entry Gate. We are requesting to all Buyers who's facing cancellation / Project Scrap / Intt. / addendum issue , pls come and tag your case .
Therefore, all flat buyers ( Spl. Gulshan Ihome /Rudra / Ajnara buyers ) are requested to please gather in full strength at Gautam Buddha Statue at 10:30 am sharp on 2nd june, 2013.
Sd/-
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