Farm Houses in Noida

Farm Houses in Noida www.infralive.com 22 InfraLIVE September 15, 2022 Box-A: Extract of Judgement dated 29.05.2017 by Allahabad High Court fromSri ShivamYadav, Advocate, but he simply came forward with the response that it was a policy dec i s i on and cou l d submi t nothing beyond the same. 71. In pith and substance, on its face value, the aforementioned scheme is for the rich and affluent persons. This much is also reflected from the record in q u e s t i o n t h a t l a r g e s c a l e complaints have been made before the Lokayukta but at no point of time anything concrete came out of them and it appears that everything has been swept under the carpet so that the capricious manner in which the land of poor farmers, that has been taken away and handed over to rich and affluent persons, is not at all exposed. The fact of the matter is that once the land in question was belonging to poor farmers and it was acquired for the public purpose, then in our considered opinion building of Farm Houses for a particular class, prima facie , cannot be treated to be a public purpose. 72. Under the U.P. Industrial Area Development Act, 1976 functions of the Authority is as Citizen/ Trust/ Charitable Trust/ Society/ Charitable Society/ duly registered partnership Firm or C omp a n y c o n s t i t u t e d a n d i n c o r po r a t ed i n I nd i a and registered with the competent authority, as such, the said Scheme in question is made for only the affluent class. As is reflected from the Scheme in question the incumbent should have positive net worth/ surplus i nves t ab l e f unds then on l y Screening Committee would screen the matter and conduct interview for examining the viability of the proposed project. The plot sizes are from 10,000 square meter, 10,001 to 20,000 square meter, 20,001 to 100,000 squaremeter, 100,001 to 200,000 s q u a r e me t e r , 200 , 00 1 t o 400,000 square meter and above 400,000 square meter would be considered for allotment. The writ petition points out that for a plot size of 10,000 sq meters the minimum amount required to build a Farm-house would be Rs 9.5 crores. 70. We tried to understand the logic of creating Farm Houses after taking land of poor farmers 69. While dealing with this matter that relates to OES 2008 and OES 2010 dealing with (Development of FarmHouses on Agricultural Land), we have our own reservations for the reason that land of poor farmers has been acquired under the provisions of Land Acquisition Act for public purpose and the said land in question on one hand has been taken away from the farmers depriving them of their livelihood by conferring upon them nominal compensation amount and on the other hand the NOIDA has evolved a novel device in the name of OES 2008 and OES 2010. Unde r t he a f or ement i oned Schemes NOIDA has proceeded to give liberty to build a dream Farm House on agricultural land and in the said Plan the sizes of plot has been mentioned as 10,000 square meter and above wi t h t he r a t e o f a l l o tmen t described as Rs 3,500 per square meter or Rs 5,525 per sq meter w i t h l o c a t i o n c h a r g e s a s applicable for the Scheme. The allotment of the said land, as mentioned above, is to be made in favour of an individual Indian WRIT- C No.: 10714 of 2015 Petitioners: OPG Securities Pvt Ltd & Another Respondents: New Okhla Industrial Development Authority (Noida) & 4 Others Hon'ble V.K. Shukla, J. and Hon'ble Mrs. Sangeeta Chandra, J. Initially the preliminary screening of the registered applicant was to be done by a sub committee compris- ing three members - Manager Institutional, Sanyukt Architect and Accounts Officer (Institu- tional). NOIDA constituted a Plot Allotment Committee (PAC) for screening the applications and recommending allotment after interview. PAC for OES 2008-09 compr i sed of OSD, Revenue Officer, Chief Legal Consultant, Finance Controller, Sr. Town Planner, Sr. Project Manager (I) and DGM (Institutional). PAC for OES 2010 comprised of OSD, Administrative Officer, Chief Legal Consultant, Finance Controller, Chief Architect and Town Planner, Sr. Project Engineer (I) and DGM (Institutional). After initial screening, PAC would call the applicants for interview. On the basis of applica- tion documents, UPICO report, and a proposal by the applicant, PAC would adjudge the application as satisfactory or unsatisfactory for allotment. Under the two schemes, a total of 305 applications were received and allotments were made to 157 applicants based on interviews conducted. Out of this, 176 plots to 152 applicants were allotted during 2009-2011, while five plots were allotted in September 2014 (see selection criteria for the allotment. Condi t i ons f or a l l otment as extracted from CAG report and high court orders are given in Box- B at pg 24. The scheme brochure cond i t i ons prov i ded f or the permissible Ground Coverage (GC), Floor Area Ratio (FAR) and building height as 10 per cent, 0.15, and 7.50 metre, respectively. S u b s e q u e n t l y , h e i g h t w a s increased to 11mtr. UP Industrial Consultants Ltd (UPICO) was appointed as the consultant for screening the application forms with requisite documents. Thereafter, UPICO would send its report to Plot Allotment Committee (PAC).