SC restrains DLF from creating third party rights
The Supreme Court has restrained reality major DLF from creating any third party rights on a portion of land where it has constructed the ‘Mall of India’ in Noida area of Uttar Pradesh.
“Post the special leave petition for hearing on January 25, 2017. Till the disposal of the special leave petition, there shall be no creation of further third party rights in respect of the property belonging to the petitioners/ applicants,” a bench of justices Kurian Joseph and R F Nariman said.
Senior advocate Sanjeev Sen and advocate Kamal Mohan Gupta, who appeared for the land owners, argued that the acquisition was completely illegal and bad in the eyes of law.
“The lease of the land was executed by NOIDA authority much prior to its acquisition under the Land Acquisition Act. Also mandatory conditions laid down under the Act were not followed. Notice under section 9 was not given.
“The urgency clause under the Act was invoked in malafide and there was no urgency to invoke the said clause under section 17 of the Act. The land was acquired for industrial development of the area but was illegal allotted to DLF for constructing a mall,” Sen argued .