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 RM Lodha and HL Gokhale sought responses of the authorities on the special leave petition filed by the farmers through counsel MA 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 filed belatedly.
"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.
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