Uttar Pradesh
,
Gomti nagar
,
Lucknow
Published : 12 July, 2014   |   Last updated - 24 Jun, 2024
Delay in Possession Incensed Allottees of Panchsheel Housing Scheme in Lucknow
Reported by
Aashish Deep
Legal Review by
Anmol Gupta
Updated by
Anupa Kujur
Households affected
3034
People Affected
2011
Year started
Land area affected
Households affected
3034
People Affected
2011
Year started
Land area affected
Key Insights
Sector
Infrastructure
Reason/Cause of conflict
Township/Real Estate
Conflict Status
Ongoing
Ended
Legal Status
Region Classification
Urban
Ended
1
Summary

Panchsheel Yojna is a housing scheme launched by Lucknow Development Authority (LDA) in 2011. The project was scheduled to be completed by 2014 but LDA failed to give the possession of the flats to the allottees in time. The main reason for the delay was that farmers in the region denied to give away their land for the compensation offered. They demanded better compensation along with a house for each farmer family.

After failing to deliver the plots to allottees because of delay to settle compensation issues, the LDA offered allottees to either take plots in a different location or take the refund of their money along with the interest rate of 12%. But, allottees denied both the options. In 2016, LDA resolved the issue with the farmers and construction started. But the slow speed of construction infuriated the allottees leading to them filing several complaints. LDA has not yet been able to deliver the plots.

In 2019, Depute CM Maurya alleged a scam in LDA over irregularity in delivering houses under Panchsheel yojna. He wrote that there were certain irregularities in how the tenders were awarded. Despite knowing this, LDA had not taken any action. On March 20, 2021, Deputy Commissioner of LDA Ranjan Kumar declined to share information on the current status of the scheme.

2
Fact Sheet

Demand/Contention of the Affected Community

Demand for more compensation than promised

Demand for rehabilitation

Other Demand/Contention of the Affected Community

Demanding allotment of houses

Region Classification

Urban

Type of Land

Private

What was the action taken by the police?

How many people did the police detain or arrest?

What is the current status of the detained/accused persons?

Did the person face any violence while in police custody?

If any arrests took place, were the accused persons produced before a judge within 24 hours of the arrest?

If the accused was not produced before a magistrate within 24 hours, or not produced at all, what were the reasons?

Legislation under which the accused was charged

Was the accused person informed of their right to legal representation? Did the accused person have access to legal aid?

In cases where the accused person approached the court for bail, was bail granted?

Why was bail granted or rejected? If granted, what were the bail conditions and quantum of bail?

Were there any other notable irregularities that took place, or other significant details?

Details of sources (names of accused, names and numbers of any lawyers, names of any police officers contacted)

Status of Project

Original Project Deadline

Whether the Project has been Delayed

Significance of Land to Land Owners/Users

Whether the project was stalled due to land conflict

Source/Reference

Total investment involved (in Crores):

53

Type of investment:

Year of Estimation

Page Number In Investment Document:

Has the Conflict Ended?

When did it end?

Why did the conflict end?

Author
Reported by
Aashish Deep

Uttar Pradesh

Kumar Sambhav is a social entrepreneur and award-winning journalist, leading innovative research in accountability investigations. He is the founder of Land Conflict Watch and is currently working as India Research Lead with Princeton University’s Digital Witness Lab.

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Fact sheet

Demand/Contention of the Affected Community

Demand for more compensation than promised

Demand for rehabilitation

Delay in Possession Incensed Allottees of Panchsheel Housing Scheme in Lucknow

Reported by

Aashish Deep

Legal Review by

Edited by

Updated by

Updated by

Published on

June 19, 2017

May 17, 2022

Edited on

June 19, 2017

Sector

Infrastructure

Reason or Cause of Conflict

Township/Real Estate

Starting Year

2011

Land Area Affected (in Hectares)

ha

Households Affected by Conflict

People Affected by Conflict

3034

State

Uttar Pradesh

Sector

Infrastructure

People Affected by Conflict

3034

Households Affected by Conflict

Land Area Affected (in Hectares)

ha

Starting Year

2011

Location of Conflict

Gomti nagar

Lucknow

Reason or Cause of Conflict

Township/Real Estate

Land Conflict Summary

Panchsheel Yojna is a housing scheme launched by Lucknow Development Authority (LDA) in 2011. The project was scheduled to be completed by 2014 but LDA failed to give the possession of the flats to the allottees in time. The main reason for the delay was that farmers in the region denied to give away their land for the compensation offered. They demanded better compensation along with a house for each farmer family.

After failing to deliver the plots to allottees because of delay to settle compensation issues, the LDA offered allottees to either take plots in a different location or take the refund of their money along with the interest rate of 12%. But, allottees denied both the options. In 2016, LDA resolved the issue with the farmers and construction started. But the slow speed of construction infuriated the allottees leading to them filing several complaints. LDA has not yet been able to deliver the plots.

In 2019, Depute CM Maurya alleged a scam in LDA over irregularity in delivering houses under Panchsheel yojna. He wrote that there were certain irregularities in how the tenders were awarded. Despite knowing this, LDA had not taken any action. On March 20, 2021, Deputy Commissioner of LDA Ranjan Kumar declined to share information on the current status of the scheme.

Fact Sheet

Demand/Contention of the Affected Community

Demand for more compensation than promised

Demand for rehabilitation

Other Demand/Contention of the Affected Community

Demanding allotment of houses

Region Classification

Urban

Type of Land

Private

Type of Common Land

What was the action taken by the police?

How many people did the police detain or arrest?

What is the current status of the detained/accused persons?

Did the person face any violence while in police custody?

Did the person face any violence while in police custody?

If any arrests took place, were the accused persons produced before a judge within 24 hours of the arrest?

If the accused was not produced before a magistrate within 24 hours, or not produced at all, what were the reasons?

Legislation under which the accused was charged

Was the accused person informed of their right to legal representation? Did the accused person have access to legal aid?

In cases where the accused person approached the court for bail, was bail granted?

Why was bail granted or rejected? If granted, what were the bail conditions and quantum of bail?

Were there any other notable irregularities that took place, or other significant details?

Details of sources (names of accused, names and numbers of any lawyers, names of any police officers contacted)

Status of Project

Original Project Deadline

Whether the Project has been Delayed

Significance of Land to Land Owners/Users

Whether the project was stalled due to land conflict

Source/Reference

Total investment involved (in Crores):

53

Type of investment:

Year of Estimation

Page Number In Investment Document:

Has the Conflict Ended?

When did it end?

Why did the conflict end?

Legal Data

Categories of Legislations Involved in the Conflict

Other, Land Acquisition Laws

Legislations/Policies Involved

Real Estate (Regulation and Development) Act, 2016
Section 4(f) (Obligation of promoter to execute a registered conveyance deed of the apartment in favour of allottee); Section 11(4)(a) (Promoter’s responsibility for all obligations made to the allottees as per the agreement for sale till the conveyance of all the apartments to the allottee); Section17 (Transfer of title and physical possession of apartment to allottee); Section 18 (Return of amount and compensation if promoter fails to complete the project or hand over possession); Section 18 (Return of amount and compensation if promoter fails to complete the project or hand over possession); Section 19(2) (Right of allottee to know stage-wise time schedule of completion of apartment); Section 19(3) (Right of allottee to claim possession of apartment); Section 19(4) (Right of allottee to claim refund if the promoter is unable to give possession of the apartment in accordance with the terms of agreement for sale); Section 61 (Penalty on any promoter for contravention of any provisions of RERA, other than section 3 or section 4)
Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013
Section 32(d) read with Second Schedule (Rehabilitation and Resettlement Award for affected families by Collector - provision of housing unit)
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Whether claims/objections were made as per procedure in the relevant statute

What was the claim(s)/objection(s) raised by the community?

What was the Decision of the Concerned Government Department?

Legal Processes and Loopholes Enabling the Conflict:

No items found.

Legal Status:

Out of Court

Status of Case In Court

Whether any adjudicatory body was approached

Name of the adjudicatory body

Name(s) of the Court(s)

Case Number

Main Reasoning/Decision of court

Major Human Rights Violations Related to the Conflict:

No items found.

Reported Details of the Violation:

Date of Violation

Location of Violation

Additional Information

Government Departments Involved in the Conflict:

Lucknow Development Authority

PSUs Involved in the Conflict:

Did LCW Approach Government Authorities for Comments?

Name, Designation and Comment of the Government Authorities Approached

Corporate Parties Involved in the Conflict:

Allottes of Panchsheel Enclave

Did LCW Approach Corporate Parties for Comments?

Communities/Local Organisations in the Conflict:

Information on the use of criminal law

What was the action taken by the police?

How many people did the police detain or arrest?

What is the current status of the detained/accused persons?

Did the person face any violence while in police custody?

If any arrests took place, were the accused persons produced before a judge within 24 hours of the arrest?

If the accused was not produced before a magistrate within 24 hours, or not produced at all, what were the reasons?

Legislation under which the accused was charged

Was the accused person informed of their right to legal representation? Did the accused person have access to legal aid?

In cases where the accused person approached the court for bail, was bail granted?

Why was bail granted or rejected? If granted, what were the bail conditions and quantum of bail?

Were there any other notable irregularities that took place, or other significant details?

Resources

Resources Related to Conflict

  • News Articles Related to the Conflict:
  • Documents Related to the Conflict:
  • Links Related to the Conflict:

Images

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Video

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