HC relief to YEIDA allottees on increased compensation
In a major relief to the allottees of Yamuna Expressway Industrial Development Authority (Yeida) land in Gautam Buddh Nagar district, the Allahabad High Court on Thursday said neither the state government nor the development authorities could recover the increased compensation given to farmers whose land was acquired from the allottees without any prior agreement.
Ruling that any extra demand made by Yeida from the allottees was illegal, the court quashed all such demand orders.
With this, the bench comprising Justices Pankaj Mithal and VC Dixit allowed a bunch of petitions filed by Shakuntla Educational and Welfare Society and various other builders and Trusts.
On August 29, 2014, the state government had passed an order mentioning that due to the farmers’ stir and legal complications, an out of court settlement with the farmers offering them 64.7% more compensation for their acquired land was necessary provided they withdrew their petitions challenging the acquisition proceedings. “The government directed for the payment of 64.7% additional amount to the farmers and to recover it from the allottees of the land,” said that order.
However, the petitioners’ contention was that the state government was recovering increased compensation from the allottees though it never modified terms and conditions of the contract and in the absence of the same the state government had no right to recover any excess compensation from the petitioners.
“Any rights, on the basis of a concluded or final contract or lease, which have been crystallised in favour of any party cannot be taken away by framing a policy on some later date. A policy so framed would be prospective in nature and cannot affect the contracts already finalised. Any such policy which is unilaterally framed disturbing the rights which have accrued to a party would clearly be violative of Articles 14 and 16 of the Constitution,” contented the petitioners.
Yeida representatives could not be reached for comment.