For nearly two decades, a cluster of modest houses in Greater Noida has been living in limbo.
These houses were built on small plots of land, ranging in size from 100 to 200 square yards, and were owned by families who spent their savings to secure a roof over their heads. But since 2007, the houses have remained under the Uttar Pradesh government’s land acquisition drive for industrial expansion in Greater Noida.
By an order issued on June 25, the Supreme Court finally ended this uncertainty.
Invoking its extraordinary powers under Article 142 of the Constitution to do “full justice”, a bench comprising Chief Justice of India Surya Kant and Justice Mohana exempted the homes of 16 homeowners from possession, even without prejudice to the acquisition of the remaining lands for public purposes.
The ruling marks the culmination of an 18-year-long legal battle that began when the state sought to acquire about 230 hectares of land in the village of Abdallapur, known as Badalpur, in the present-day Gautam Budh Nagar district for industrial development in Greater Noida.
While the takeover itself escaped judicial scrutiny, the Supreme Court held that the bizarre facts of the case justified a remedy tailored to protect affected families.
“The appellants approached this court primarily to protect their condominium units,” the bench noted, noting that they had not seriously pressed for annulment of the entire acquisition.
The acquisition process began in June 2007, when the state invoked urgent provisions in the Land Acquisition Act of 1894, citing the need to rapidly develop industrial infrastructure and attract domestic and foreign investment. The Allahabad High Court upheld both the takeover and the invocation of urgency condition in 2009.
The homeowners then moved to the Supreme Court.
In July 2010, the Supreme Court ordered the status quo to be maintained, effectively protecting them from being dispossessed. This temporary protection remained in effect for nearly 16 years, while appeals remained pending.
By the time the case reached its final hearing, the landscape surrounding the disputed lands had changed dramatically.
The Supreme Court noted that nearly 19 years had passed since the start of the takeover process. Planned development works were carried out in the surrounding area, while the appellants continued to occupy their homes. The Greater Noida authorities themselves admitted the presence of residential buildings on the plots, although they described them as unlicensed.
Against this background, the Court concluded that a strict application of the takeover procedures would lead to an unfair result.
“In light of these strange facts and circumstances, it was appropriate to activate Article 142,” the bench said.
Accordingly, the court annulled the acquisition only with respect to the appellants’ residential plots, clarifying that the acquisition of the rest of the lands would not be affected.
A salient feature of the case is the socio-economic status of the litigants. During the hearing, the homeowners’ lawyer emphasized that they did not belong to the wealthy segments of society and that they had invested their life savings in building their homes. Their appeal was not directed at blocking a major public project but at preserving the only homes they had.
In accepting this limited plea, the court distinguished between the validity of the takeover and the equity arising from nearly two decades of continuous occupation under judicial protection.
The ruling also allowed homeowners to obtain basic civic amenities from the development authority. However, she explained that they will be required to pay development fees in accordance with applicable regulations.
For the families involved, the ruling closes a chapter that began in 2007 and has survived multiple rounds of litigation. What started as a challenge to a large-scale acquisition of industrial growth in Greater Noida, ended with the Supreme Court reserving a handful of houses that would have been lost in the course of development.
