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Noida: Allahabad High Court has sought answer from the court Noida Authority Why was it decided to initiate action against the developer for failing to complete Sports City in time when the entire land required for the project was yet to be allotted.
A bench of Justices Ashwini Kumar Mishra and Vinod Diwakar also asked the CEO of the authority, Ritu Maheshwari, to explain why it had invited bids for the project even before land acquisition. It will also have to tell the court what steps the authority is taking to make available the remaining land for the project. As the government is involved in land acquisition, a senior officer – not below the rank of special secretary – has to file the reply on behalf of the state as well.
“In the event Noida Authority With the intention of setting up the Sports City, it should have taken necessary steps to make available the promised land for the project. Prima facie we do not approve of the action of Noida The authority is going ahead with the plan without obtaining possession over it and failing to provide land for the project even after several years,” the court observed on April 3.
The bench said it found “some merit” in the petitioner’s contention that the project cannot be developed unless the entire land parcel is available. “Since sufficient time has elapsed and inputs have been invited by the respondent authority, it is expected to come up with a definite stand in the matter and disclose how it proposes to deal with the situation.”
The court was hearing a petition filed last year ATS Homes, which has been selected as the lead developer for the construction of an international-class cricket stadium and sports city in Sector 52. This project is going to come up in 125 acres. But till now the possession of about 25 acres of land has not been given to the developer.
The ATS alleged that the layout of the cricket stadium was approved in November 2016, but its construction could not be completed due to paucity of land. The land on which the cricket pitch is going to be built has also not been acquired.
The authority accused the developer of breaching the deal. The ATS was to construct the cricket stadium in five years and residential and commercial facilities in seven years. When the authority threatened action against the ATS for failing to complete the project on time, the developer moved the court.
In its petition, the ATS has demanded the authority to order the remaining land to be made available within the stipulated time and encroachment free. It also said that the authority should provide a “zero period” till the entire land is handed over to the developer along with waiver of lease rent and other allied interests.
In a counter-affidavit filed by the authority, the CEO said that the project had in fact violated the deadline, but also admitted that huge parcels of land within the earmarked area were yet to be acquired.
It added that he had written to the government several times for the acquisition of the remaining land.
The court termed as “unexplained” the authority’s decision to go ahead with the bids even before the entire land was available. It allowed the developer to go ahead with the project keeping in mind the building bye-laws and approved plans and asked the authority whether the company could be solely blamed for the delay.
The court has fixed the next hearing on April 19.
When asked about the order, senior officials of the authority said they would file their reply in the court.
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