Uttar Pradesh
,
Loni
,
Ghaziabad
Published :
Sep 2016
|
Updated :
After High Court Order, UP Government De-notifies Land Acquired for Industrial Estate in Ghaziabad
Reported by
Rama Shanker Singh
Legal Review by
Anmol Gupta
Edited by
Anupa Kujur
Households affected
400
People affected
1973
Year started
42
Land area affected
Households affected
400
People Affected
1973
Year started
42
Land area affected
Key Insights
Sector
Infrastructure
Reason/Cause of conflict
Township/Real Estate
Conflict Status
Ongoing
Ended
Legal Status
Region Classification
Urban
Ended
Sector
Infrastructure
Reason/Cause of conflict
Township/Real Estate
Conflict Status
Ongoing
Ended
Legal Status
Region Classification
Urban
Ended
1
Summary

In 1973, 42 hectares of land were acquired by the Uttar Pradesh State Industrial Development Corporation (UPSIDC) in Loni and Noor Nagar, Ghaziabad. It is alleged that UPSIDC neither acquired the land, nor paid compensation to the landowners. In 2015, the Allahabad High Court has slapped a fine of Rs 1 crore on the Uttar Pradesh government for acting "in gross violation" of an order regarding a piece of land in Ghaziabad district, physical possession of which was not taken even four decades after it was acquired. The order came on a petition filed by Surendra. The title of the land is in UPSIDCs name in the Land Registry office. The court observed that UP State Industrial Development Corporation does not require the land. So the state should have exempted the land from acquisition. "When the land is not required by the acquiring body, the question of proceeding any further under the Act of 2013 does not arise. Prima facie, the impugned order is in gross violation of the direction of this court. A heavy cost is required to be imposed upon the state," the court ordered. Subsequently, the state government denotified the land from acquisition. The court also recalled its order imposing cost.

2
Fact Sheet

Demand/Contention of the Affected Community

Complaint against procedural violations

Demand for legal recognition of land rights

Other Demand/Contention of the Affected Community

Region Classification

Urban

Type of Land

Private

What was the action taken by the police?

How many people did the police detain or arrest?

What is the current status of the detained/accused persons?

Did the person face any violence while in police custody?

If any arrests took place, were the accused persons produced before a judge within 24 hours of the arrest?

If the accused was not produced before a magistrate within 24 hours, or not produced at all, what were the reasons?

Legislation under which the accused was charged

Was the accused person informed of their right to legal representation? Did the accused person have access to legal aid?

In cases where the accused person approached the court for bail, was bail granted?

Why was bail granted or rejected? If granted, what were the bail conditions and quantum of bail?

Were there any other notable irregularities that took place, or other significant details?

Details of sources (names of accused, names and numbers of any lawyers, names of any police officers contacted)

Status of Project

Original Project Deadline

Whether the Project has been Delayed

Significance of Land to Land Owners/Users

Whether the project was stalled due to land conflict

Source/Reference

Total investment involved (in Crores):

Type of investment:

Year of Estimation

Page Number In Investment Document:

Has the Conflict Ended?

Yes

When did it end?

October, 2016

Why did the conflict end?

4
Additional Information

Government Departments Involved in the Conflict:

UPSIDC AND STATE GOVERNMENT

PSUs Involved in the Conflict:

Did LCW Approach Government Authorities for Comments?

Name, Designation and Comment of the Government Authorities Approached

Corporate Parties Involved in the Conflict:

Did LCW Approach Corporate Parties for Comments?

Communities/Local Organisations in the Conflict:

5
Information on the use of criminal law

What was the action taken by the police?

How many people did the police detain or arrest?

What is the current status of the detained/accused persons?

Did the person face any violence while in police custody?

If any arrests took place, were the accused persons produced before a judge within 24 hours of the arrest?

If the accused was not produced before a magistrate within 24 hours, or not produced at all, what were the reasons?

Legislation under which the accused was charged

Was the accused person informed of their right to legal representation? Did the accused person have access to legal aid?

In cases where the accused person approached the court for bail, was bail granted?

Why was bail granted or rejected? If granted, what were the bail conditions and quantum of bail?

Were there any other notable irregularities that took place, or other significant details?

Legal Supporting Documents

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Author
Reported by
Rama Shanker Singh


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Fact sheet

Demand/Contention of the Affected Community

Complaint against procedural violations

Demand for legal recognition of land rights

If any arrests took place, were the accused persons produced before a judge within 24 hours of the arrest?

Was the accused person informed of their right to legal representation? Did the accused person have access to legal aid?

In cases where the accused person approached the court for bail, was bail granted?

Why was bail granted or rejected? If granted, what were the bail conditions and quantum of bail?

Were there any other notable irregularities that took place, or other significant details?

Status of Project

Original Project Deadline

Whether the Project has been Delayed

Significance of Land to Land Owners/Users

Whether the project was stalled due to land conflict

Source/Reference

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