UP govt to industrial bodies: Don’t launch plot scheme before acquiring land

Uttar Pradesh government on Monday directed Noida, Greater Noida and the Yamuna Expressway authorities not to launch any plot scheme until the land in question is acquired as per the law.

The move comes after the Allahabad high court questioned the Noida authority on how it could have launched a plot scheme and sold the plots when it has not even acquired the land needed for the scheme.

The high court’s query came on a petition filed by realty firm ATS Infrastructure Limited, which told the court that the authority has not provided the total group housing land as per the scheme. Later, the authority also issued a cancellation letter, citing the realty firm’s failure to develop the project within the given time frame.

On Monday, Nidhi Srivastava, special secretary to the Uttar Pradesh government, wrote to the three industrial bodies — Noida, Greater Noida and Yamuna Expressway — directing them that no property allotment scheme should be launched when parts of the land is yet to be acquired.

“In proposed allotment schemes, the authorities should not issue advertisements for allotment or sale if the parts of the land that belongs to land owners, have not been acquired or bought prior to the scheme. This order must be properly implemented,” wrote Srivastava.

In its letter, the special secretary also mentioned that the high court has taken a strong view of the matter.

There are multiple cases in Noida, Greater Noida and Yamuna Expressway, where the industrial bodies have allotted plots to applicants even before it has acquired or bought the land.

According to the writ petition filed by ATS on April 19,2023, the Noida authority in 2015 floated a scheme for the allotment of a plot for an international cricket stadium-cum-sports city in Sector 152.

As per the scheme, a consortium of companies was eligible to make a bid for the plot allotment with an area of 503,000 sqm. ATS Homes submitted its bid on behalf of a consortium of 10 companies and a total of 393,276.75 sqm land was allotted to the consortium, while the remaining 109,723.25 sqm land was proposed to be acquired by the Noida authority.

ATS questioned how the Noida authority had proceeded to invite bids for the project even before acquiring the entire land earmarked for it. The realty firm also asked Noida authority as to how it can propose action against it for failure to develop the sports city when it has itself not allotted the entire land needed for the project.

The developer partially built some floors in the residential and commercial buildings of the project without developing any sports facilities.

The Noida authority had banned the sale and purchase of flats and plots in the project in January 2021, stating that the realty firm should first develop sports facilities for public use before the housing units. However, the developer maintained that they do not have adequate land for the same.

The high court has asked the Noida authority to file a counter affidavit in response to the ATS’s claims.

ATS chairman and managing director Getambar Anand refused comment on the development.

Similarly, the Yamuna authority allotted industrial plots to consumers in sectors 32 and 33 without having acquired adequate land for the scheme launched in 2013. Even after 10 years, Yeida has failed to offer the possession to allottees for want of land.“We are working to resolve these issues of industrial plot owners. This scheme was launched in 2013 but now we do make it a point not to come up with a scheme unless we already have the requisite land,” said Arun Vir Singh chief executive officer of the Yeida.

“We don’t allot plot without having the land parcels with us. The matters pertain to old allotment cases where the land parcels were allotted even when some portions remained to be acquired,” said Ritu Maheshwari, chief executive officer of the Noida and Greater Noida authorities.