The Allahabad high court has directed the state government to determine and pay revised compensation to land holders whose land was acquired by the Yamuna expressway industrial development authority (Yeida) for the purpose of planned development of the area. The court also directed that while determining their compensation, their claim of compensation for constructions that existed on the acquired land shall also be considered.
The petitioners in all writ petitions were recorded tenure holders of the plots situated in village Mirzapur, Pargana Dankaur, Tehsil Sadar, and Noida in Gautam Budh Nagar district.
Allowing the writ petitions filed by Kunwar Shlivahan Singh and seven others, a division bench comprising Justice Arun Tandon and Justice Sangeeta Chandra directed the authorities concerned that their compensation would be determined under the provisions of right to fair compensation and transparency in the Land Acquisition and Rehabilitation and Re-Settlement Act, 2013, within two months.
The petitioners had sought for quashing of the notifications issued under the urgency clauses of Land Acquisition Act, 1894. They had also requested the court to restrain the state authorities from interfering with the possession of the petitioners over the plots mentioned above.
The petitioners had taken the plea that they have raised constructions over the land in question. They had said that the urgency clause was invoked to dispense with the opportunity of a hearing.
However, the counsel for the petitioner contended that there was, in fact, no urgency for acquisition of land and further, they were not given revised compensation as per the 2013 act.
However, since the nature of the land was changed after the acquisition and it was no more fit for agricultural purpose, the court directed the authorities to give revised compensation to the petitioners.