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Informist, Tuesday, Nov. 26, 2024

 

NEW DELHI – The Supreme Court on Tuesday upheld the Uttar Pradesh government's land acquisition proceedings, through Yamuna Expressway Industrial Development Authority, for planned development through the Yamuna Expressway, which links Noida with Agra. The court rejected a batch of petitions filed by the landowners against the acquisition of their land. 

 

The top court said that the acquisition formed part of the integrated development plan for the Yamuna Expressway initiated by the industrial development authority. As observed by the Allahabad High Court, the development of land parcels for industrial, residential, and recreational purposes is complementary to the construction of the Yamuna Expressway, said the top court.

 

The objective of the acquisition was to integrate land development with the Yamuna Expressway's construction, thereby promoting overall growth and serving the public interest, said the Bench of Justice B.R. Gavai and Justice Sandeep Mehta. Consequently, the expressway and the development of adjoining lands are considered to be inseparable components of the overall project, the bench added.

 

The apex court said that the invocation of Sections 17(1) and 17(4) of the Land Acquisition Act, 1894 by the state government for urgently acquiring the land was legal and justified in the case. The urgency clause was applied in accordance with the planned development of the Yamuna Expressway, said the court.

 

The top court said that the Allahabad High Court had already granted additional compensation of 64.7% to the landowners, to be offered as "no litigation bonus" in consonance with the government order in 2015, and thus, there was no scope to direct further enhancement in compensation. The apex court said that the overwhelming majority of landowners have refrained from seeking judicial intervention in this case as only 140 out of 12,868 landowners have opted to challenge the acquisition by approaching them. This indicates that the majority of the landowners have accepted the escalated compensation granted by the high court, said the apex court.

 

In 2009, a notification by the government was issued under Section 4(1), Sections 17(1) and 17(4) of the Act for the acquisition of the tracts of lands for planned development in the Gautam Budh Nagar district. Thereafter, the landowners made representations to the chief executive officer of the authority, requesting that their land not be acquired because the status of the land was "Abadi Bhoomi" which was being used by the landowners as dwelling units and for rearing their cattle. However, the authorities concerned did not accede to the request of the landowners.

 

The landowners challenged the acquisition of their lands by filing numerous petitions before the Allahabad High Court. The landowners said that the state government arbitrarily invoked Section 17(1) and Section 17(4) of the Act and deprived them of their valuable right to raise objections. There was no genuine public purpose behind the acquisition and thus, the action was illegal, arbitrary and unjustified, said the landowners. The issue moved to the Supreme Court after two contradicting opinions by two benches of the high court. The court on Tuesday upheld the view taken by the high court to favour the acquisition of land.

 

The authority said that it had prepared the Master Plan of 2021 and 2031 with the intent to develop the eastern side of river Yamuna by construction of a six-lane expressway joining Noida to Agra and also for the integrated development of five distinct regions along it for residential, industrial, institutional and recreational purposes. In the present case, the acquisition involved approximately 2,979 hectares of land, affecting 12,868 farmers or landowners. The state government said that there was sufficient material before them to justify the invocation of the urgency clause, and there was no malice on their part in invoking the same.  End

 

Reported by Surya Tripathi

Edited by Akul NIshant Akhoury

 

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