The Allahabad High Court recently ruled in favour of Experion Developers Pvt Ltd, permitting it to take possession of 4.8 acres in Sector 45 allotted over a year ago for a group housing project. Despite objections from neighbouring EWS colony residents who claimed the land should be reserved for civic amenities and access roads, the court confirmed the Noida Authority's right to allocate the plot. Notably, the Authority proposed to widen a nearby road to ease resident concerns. The court instructed the Authority to finalise the road expansion within two months and ensure uninterrupted construction for Experion.
The Allahabad High Court has permitted Experion Developers Pvt Ltd to take possession of 4.8 acres in Sector 45, allocated to the company for a group housing project over a year ago. The court rejected a petition brought by residents of the neighbouring Kanshiram Yojana EWS colony, who argued that the land should be designated for civic amenities and an approach road for their use.
The petitioning residents live in a colony developed by the Authority in 2008 under the Manyavar Shri Kashi Ram Ji Shahari Gareeb Awas Yojana, intended to provide housing for widows, individuals with physical disabilities, and those living below the poverty line.
In December 2022, the Authority invited e-bids for the allotment of this plot. Experion secured the land by paying a premium of INR 200 crore, and the possession letter was issued to the company in July 2023.
However, a group of residents contested the allotment, claiming the land should have been designated for a community centre and an access road to the EWS colony. The Authority informed the court that several residents allegedly breached the wire fencing around the project site, trespassed on the land, staged protests, and disrupted construction work. Some even attempted to erect temporary structures on the site without authorisation.
While residents filed three petitions challenging the land allotment, Experion responded with a petition of its own.During the hearing, the court emphasised that the Noida Authority acted within its rights in allotting the land to Experion, as it was never designated as part of the EWS colony. The court observed that there was no evidence indicating the land had been earmarked for future development or could be utilised as a road.
Additionally, the High Court noted that the Authority had attempted to reach a compromise with the residents by offering to widen a 9-metre road to 12 metres, using land from the compound of a nearby water tank. According to the court, the residents had initially agreed to this proposal, though one petitioner later withdrew from the agreement during the hearing.
The Authority contended that this single objection had delayed the entire project, further asserting that the petitioners, who had received houses free of charge, were attempting to secure additional concessions.
The court supported the Authority's decision to pursue a compromise, noting that it saw this as a commendable effort by Noida Authority to extend benefits to EWS colony allottees that had not been previously offered. This view was reflected in an order from Justices Mahesh Chandra Tripathi and Prashant Kumar.
The court instructed the Authority to ensure that Experion received peaceful possession of the land and could proceed with construction without interference. Additionally, the bench directed the Authority to complete the widening of the 9-metre road within two months.
The Allahabad High Court's decision affirms the Noida Authority's lawful allocation of the 4.8-acre plot to Experion Developers Pvt Ltd, underscoring the Authority's willingness to address resident concerns through a proposed road widening. The court recognised this effort as a constructive gesture, balancing development needs with community welfare. By ensuring Experion's peaceful possession of the land and setting a two-month deadline for the road expansion, the ruling supports both the housing project's progress and the residents' access needs, aiming to foster cooperation and resolve tensions effectively.
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