SC notice to UP,GDA on Saharas petition

The SC 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.

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 areas.

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.

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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 companys counsels 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.

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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.