Supreme Court Directs NOIDA To Pay Compensation To Land Owner Who Was Dispossessed Illegally

The Supreme Court directed NOIDA to pay compensation to aggrieved land-owners who were dispossessed of their lands without following due process.

The land owner, Nayan Tara, had approached the Allahabad High Court in 2013 contending that she was wrongfully and illegally dispossessed from her land by without following due process of law and without any land acquisition proceedings. The High Court directed her to approach the District Magistrate – Gautam Budh Nagar for demarcation of her land.

In appeal, the Supreme Court appointed Advocate Gaurav Agrawal as the Advocate Commissioner to conduct a site inspection and file a report stating as to who are in possession of the subject lands. The report stated that these lands were never  acquired but NOIDA was in possession of lands in excess of what was acquired under various notifications.

The court also directed the authorities to allot appropriate land elsewhere. As the same was not done, the Court disposed of SLP directing NOIDA to pay compensation to the landowners on the basis of valuation report filed before the Court (Rs. 20,000 per sq.mtr), within a period of eight weeks from 20.01.2021. In the meanwhile, the court dismissed the review petition filed by NOIDA. As the same was not complied with, the land owner again approached the Apex court by filing a Contempt Petition.

When the contempt petition came up before the bench of Justices RF Nariman and BR Gavai, the authority submitted that a cheque has been issued in the name of petitioner.

The land-owners were represented by Sr, Adv. Vijay Hansaria, Adv. Sanjay Sarin, AOR - Mohit Paul, and Advocates Pratyush Miglani and Nikhil Varma of Miglani Varma & Co.

Case: Nayan Tara v. Ritu Maheshwari, Contempt Petition (C)  316/2021 

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