SC notice to UP, GDA on Sahara`s petition
SC sought a response from the UP govt and Ghaziabad Devpt Authority on an appeal filed by Sahara India Commercial Corporation Limited in connection with acquiring 92 acres of land which company claimed was in its possession.
New Delhi: The Supreme Court today sought a
response from the UP government and Ghaziabad Development
Authority on an appeal filed by Sahara India Commercial
Corporation Limited in connection with acquiring 92 acres of
land which the company claimed was in its possession.
A bench of Justices Deepak Verma and K S Radhakrishnan,
while granting six weeks time to the GDA and UP government to
file their reply, directed a "status quo" on the possession of
the land claimed by the petitioner in the Rasulpura/Yakurptura
The Allahabad High Court had earlier upheld the
acquisition and possession of the land by UP government and
GDA, against which Sahara had come on an appeal.
The company claimed the authorities had no right to
invoke the "urgency clause" provided under Section 17(4) of
the Land Acquisition Act to take over its land as there was no
urgency involved in the move to get hold of the land.
The UP authorities had sought to acquire the land by
issuing a fresh notification in October, 2004.
According to the company`s counsel`s Keshav Mohan, the
initial notification was issued in 1991 but lapsed as the GDA
failed to pay compensation to the land owners.
Thereafter, the company said it purchased the 92 acre
land from land owners to develop a private residential colony.
It said this land is now being sought by the government for
purportedly developing its own residential colonies by issuing
another notification in 2005 and invoking the urgency clause.