How Yamuna Expressway authority’s housing project became no man’s land

When The Indian Express visited the spot recently, villagers were found farming, primarily mustard, in some parts. Jagpal, a farmer from Mirzapur village, whose land — around 2 bighas — has been acquired for the project, said: “They can come and build the house. Who is stopping them from developing the area? If we are farming on the vacant land and earning some money, what is the problem with that? We are not interfering with any government work.”

On the face of it, the area seems to have undergone some development: Light poles have come up, overhead water tanks have been installed, sewer lines and drainage systems can be seen in places. A closer look, however, reveals a different reality: Light poles are devoid of electricity, water supply is yet to reach the tanks, and sewer lines are far from operational.

Of the key amenities promised — a hospital, schools, shops and travel facilities — there seems to be no trace. Irked by this, most of the allottees gave the One-Time Settlement (OTS) Scheme, issued earlier this month with March 31 as the deadline, a miss. Many complained that the authority was forcing them to take possession of the plots and pay the instalments without any development in the area.

Left in the lurch
Initially designed with 8,350 plots in mind, the scheme expanded to more than 20,000 plots with time. The total area of the project is around 1,900 hectares (19 square km) — around 1.5 times that of Phase I of the Noida international airport, which spans over 1,300 hectares of land and is 20 km away.
According to information accessed by The Indian Express, out of the total allotment of 20,408 plots, registry or lease deeds have been executed for 5,682 — around 28% of the total allotted plots.

The scheme, which was supposed to be delivered within four years, has not even started taking shape, leaving allottees disgruntled. Among them is Delhi resident Jasvinder Singh (53).

It was a fine morning in the spring of 2009 when an advertisement caught the attention of Singh, a businessman then in his late 30s, while on his way to a factory to pick up goods. Pasted at the gate of the Axis Bank in Rajouri Garden where he lived, the ad painted the picture of a dream abode: a spacious, tastefully done house complete with a lawn and surrounded by a lot of greenery. The advertisement stated that the residential plots will be developed along the under-construction Noida-to-Agra Expressway. It specifically stated, “The proposed sector is about a five-minute drive from the proposed Formula One racetrack.”

Singh was tempted. “I felt this could be a scheme that I could invest in. I entered the bank and spoke to an employee who told me to only pay Rs 600 as an application amount, promising that the bank will pay Rs 1 lakh as registration fee for the 300-sqm plot. They said that if I get selected in the draw of lots, I will have to pay the bank Rs 1 lakh following which a premium will be deducted periodically from the account. So, I opted for the scheme,” said Singh, who runs a tent-manufacturing business with his wife.

Looking back, there is nothing that Singh regrets more: “The authority is forcing us to get the registry done and take possession. What will I do with this? There is literally no service available there. My flat is not even demarcated, everything is just on paper. I had opted for this scheme thinking that a government authority was developing it. But they are worse than private builders.”

Even if he gets the registry done, Singh is not sure how exactly he will build a plot in the absence of security in the area. “Even in a gated society, we hear about crimes every day. Imagine constructing a house alone in a vacant area. Who will ensure that construction material will not be stolen? Also, if we get the house constructed, what will we do with it? Where will my children study and if I fall ill, where will I go for treatment?”

In his misery, Singh has company in Noida resident Mithilesh Chandra whose son and daughter-in-law were allotted two plots of 300 and 500 sq mts respectively. “The plots were supposed to be developed and delivered by 2013. It’s 2023 and I cannot say if we would be able to take possession in the next five years. Who will go there to live in the bushes? At that time, they (the authority) suppressed the information that they had not taken land from the farmers yet. The buyers were misled. Within a few years, they started imposing all sorts of additional charges such as preferential location charges, compound penal interest on delayed instalments,” alleged Chandra, a doctor based in Sector 27.

Elaborating on her predicament, Chandra said, “We registered the plot at the rate of Rs 4,750 per sqm. But in 2014, the authority demanded an additional ‘no litigation incentive’ of Rs 1,330 per sqm. This extra amount was demanded in lieu of 64.70% additional compensation decided by YEIDA to be payable to farmers. We have already paid six of eight instalments. I haven’t paid two instalments because no development work has been done.”

The authority has now imposed 14% of compound interest on the remaining instalments. “This behaviour is reminiscent of those of builder companies which are now facing insolvency proceedings,” she said.

Official speak

On its part, the authority said the project was delayed due to “Force Majeure events” such as farmers’ protests, delay in issuance of NOC by competent authorities, and unavailability of workforce. It has also cited demonetisation and the Covid lockdown as reasons.

In 2011, as farmers whose lands were acquired for Noida and Greater Noida Industrial Development Authority were paid an additional compensation of 64.7%, there was unrest among those whose lands were acquired for YEIDA.

The CEO of YEIDA addressed a letter, dated April 10, 2013, to the state government to find a solution. The latter constituted a high-level committee under the chairmanship of state cabinet minister Rajendra Chaudhary. The panel recommended payment of 64.7% additional amount as “no litigation incentive” to farmers. The amount was supposed to be reimbursed from the allottees in proportion to the size of the plots. Accepting the recommendation, the government issued an order on August 29, 2014, paving the way for additional compensation to farmers.

As demand notices were issued to the allottees, the matter reached the Allahabad High Court. On May 28, 2020, the HC held that the state government order and resolution of the board of YEIDA were “violative of the provision of the Land Acquisition Act” and that the policy of the state government was “unfair, unreasonable, arbitrary and in violation of the provision of the transfer of Property Act, 1882”.

The Yamuna authority moved the Supreme Court, which, on May 19, 2022, set aside the High Court order, stating that the government order on compensation to farmers was in larger public interest. “It is a settled position of law that in case of a conflict between public interest and personal interest, public interest will outweigh personal interest,” the bench had said.

Dr Arun Vir Singh, YEIDA Chief Executive Officer (CEO), said that following the apex court order, work on developing the area is in full swing. “The matter is settled and we are working at a fast pace,” he said.

On a deadline for development of the area, he said, “Work will be completed by September 30. This is my commitment. Around 75% of farmers have got the compensation and others will get it very soon. Around 60 houses have been constructed in the area. Allotments have been made for 12 schools and six big hospitals. We are in the process of allotting shops.”

However, as per an order of the Uttar Pradesh Real Estate Regulatory Authority (UP RERA), the new proposed completion date is July 8, 2024.
Even as officials crunch out numbers and dole out assurances, for people like Singh and Chandra, the wait for their dream home seems light years away. “They have created problems on their part and now they want to recover it from us. This amounts to cheating the public,” said Chandra. “Was this the dream that the authority showed us?” asked Singh.