New Delhi: The Supreme Court on Monday issued a
notice to Uttar Pradesh government and Noida Industrial
Development Authority (NOIDA)on a petition filed by a group of
farmers from Sadopur village in Gautambudh Nagar district
challenging the acquisition of their lands by the state.
A bench of justices R M Lodha and H L Gokhale sought
responses of the authorities on the special leave petition
filed by the farmers through counsel M A Chinnasamy saying the
acquisition was illegal and yet the Allahabad High Court had
failed to quash the acquisition.
According to the farmers, the High Court had found that
at Sadopur village no third party rights have been created and
the possession was taken only on February 16, 2009, though the
original notification was issued on August 31, 2007, and yet,
refrained from quashing the notification as the petitions were
"There is no finding that any developmental activity has
taken place in this village; no expenditure has been incurred.
So, the notifications ought to have been quashed and the land
returned to the owners. But this was not done.
"The only reason for not quashing the notifications is
that the writ petitions were filed in 2011. Many writ
petitions were filed in 2010 and 2011, therefore this reason
is not tenable," the petition said.
The high court had on October 21, 2011, refused to quash
the notification though it found a number of improper actions
made by the authorities in acquiring the lands.
"Each of the petitioners holds small extent of fertile
land which are the sole source of their livelihood. All the
petitioners built house on their land.
"The acquisition of their lands robbed them of their
means of livelihood and their houses as well. They have thus
the misfortune to see their houses pulled down, lands taken
away and flats constructed on their lands for others to live
in," the petition stated.