Farm Houses in Noida

Farm Houses in Noida www.infralive.com 23 InfraLIVE September 15, 2022 75. In our considered opinion, this could have never been intent of the 1976 Act that the Authority shall behave and proceed in such a fashion. In such a situation and in this background, we are of the considered opinion that present matter pertaining to allotment of land for developing of Farm House in Noida in particular requires a judicial scrutiny in public interest litigation as prima facie it is a colourable exercise of power and is an issue of considerable public importance and, in view of this, we proceed to direct the Registry of this Court to register the matter as Public Interest Litigation and place the papers of present writ petition before Hon'ble the Chief Justice for placing the matter before a Larger Bench so that following questions are answered; I. Whether land of farmers acquired for public purpose can be handed over to the rich and affluent persons for construction of Farm Houses? II. Whether, in the facts of the case, in designed manner, and in colourable exercise of power of acquisition, land in question has been acquired and then used for the purpose for which it was never ever acquired? III. Whether, in the facts of the case, under the scheme of allotment of Farm Houses, transparency, if any, has b e e n m a i n t a i n e d o r allotments have been made i n an un f a i r manne r , extending undue benefit to particular individuals and their familymembers? IV. Whether, in the facts of the case, land in question can be r e sumed back and utilised for the purpose for which it was acquired, once it is substantiated that the allotment was in violation of public trust doctrine? 76. Let needful be done in the matter, accordingly. indus t r i a l , commerc i a l and residential purposes and nowhere from the scheme of things it is reflected that the land of the poor farmers is to be acquired and then handed over to rich and affluent people for developing Farm Houses. 74. NOIDA is always in a cover up mode, inasmuch as, whenever any illegality is pointed out, their attempt and endeavour is to cover up and in the present case also initially a standwas being taken by them that there is no plot available but at the end of day they have come upwith the offer that there is a plot that could be offered and this Court has clearly noted in detail at the point of time when it proceeded to pass an order after calling for the record on 9.3.2015 that allotments made by the respondent nos. 1 to 5 to the private respondent nos. 6 to 10 were due to deliberate and undue favouritism and collusion and the respondent nos. 6 to 9 had applied for allotment of farm house plots in their individual capacity and respondent no. 10 had applied in its capacity as a company and petitioners have been left out. Once such has been the position that Noida authority has been trying to sweep all such issues under the carpet, then in our considered opinion it is true that Writ-C No. 10714 of 2015 has been disposed of but we are of the view that we cannot ignore the issues that are coming forward before this Court that in the present case land of the poor farmers have been taken away and in a designed manner given to the rich and influential people in the name of developing of FarmHouses. Note of IL: The respondents No. 6, 7, 8 and 9 being, Om P r a k a s h Wa d hwa ( FH - 03/149A), Krishna Kumar Wadhwa (FH-04/149A), Vijay Kumar Wadhwa (FH-12/164), Suresh Kumar Wadhwa (FH- 13/164), and respondent No. 10 being Krona Builders Pvt Ltd (FH-14/164). follows: " 6. F u n c t i o n s o f t h e Authority- (1) The object of the Authority shall be to s e c u r e t h e p l a n n e d d e v e l o p m e n t o f t h e industrial development areas. (2) Without prejudice to the generality of the objects of t h e A u t h o r i t y , t h e Authority shall perform the following functions- (a) to acquire land in the industrial development area, by agreement or through proceedings under the Land Acquisition Act, 1894 for the purpose of this Act; (b) to prepare a plan for the d e v e l o p m e n t o f t h e industrial development area; (c) to demarcate and develop s i t e s f o r i n d u s t r i a l , commercial and residential purpose according to the plan; (d) to provide infrastructure for industrial, commercial and residential purposes; (e) to provide amenities; (f) to allocate and transfer either by way of sale or lease or otherwise plots of l a n d f o r i n d u s t r i a l , commercial or residential purposes; (g) to regulate the erection of buildings and setting up of industries; and (h) to lay down the purpose for which a particular site or plot of land shall be used, namely for industrial or commercial or residential purpos e o r any o t he r specified purpose in such area." 73. A bare perusa l of the functions of the Authority would go to show that principal function of the Authority is to demarcate and develop sites for industrial, commercial and residential purpose according to the plan and to provide infrastructure for