In a significant verdict, the Supreme Court on
Tuesday upheld the validity of land acquisition for the integrated development
of the Yamuna Expressway and its adjoining areas in Gautam Budh Nagar, Uttar
Pradesh.
The top court decided a batch of appeals and the
cross-appeals filed by the landowners and the Yamuna Expressway Industrial
Development Authority (YEIDA) respectively.
The cases arose from two conflicting verdicts of the
Allahabad High Court. One judgement upheld the acquisition by the YEIDA and
another quashed state action of taking the land of farmers by invoking the
urgency clauses.
A bench comprising Justices B R Gavai and Sandeep
Mehta dismissed appeals by the landowners while allowing the appeals filed by
the YEIDA, resolving a long-standing dispute over the application of urgency
provisions in the Land Acquisition Act, 1894.
Writing a 49-page judgement for the bench, Justice
Mehta said the acquisition was deemed integral to the Yamuna Expressway's
development.
The judgement emphasised that the expressway's
construction and the development of adjoining areas were inseparable components
of a unified public-interest project.
It upheld the invocation of urgency clauses of the
law, saying it was justified under the planned development policy for the
region.
It noted that concerns about unauthorized
encroachments and the need for rapid development warranted bypassing the usual
inquiry under the relevant law.
The bench acknowledged that majority of affected
landowners had accepted the compensation awarded by the Allahabad High Court
and endorsed the 64.7 per cent enhanced compensation granted as a "No
Litigation Bonus".
It ruled out further enhancement, emphasizing
uniformity in benefits for all affected parties.
The bench dealt with three key questions in the
case.
Whether the present acquisition is a part of the
integrated development plan of Yamuna Expressway' undertaken by respondent
No.3-YEIDA," read the first issue.
Answering in affirmative, the bench held, The
present acquisition forms part of the integrated development plan for the
Yamuna Expressway initiated by YEIDA.
The objective of the acquisition is to integrate
land development with the Yamuna Expressway's construction, thereby promoting
overall growth serving the public interest. Consequently, the Expressway and
the development of adjoining lands are considered to be inseparable components
of the overall project, it held.
The second issue was whether the application of
sections 17(1) and 17(4) of the Act was legal and warranted in the instant
case, thereby justifying the government's decision to dispense with the inquiry
under the land acquisition law.
Yes, the invocation of sections 17(1) and 17(4) of
the Land Acquisition Act, 1894, was legal and justified in this case. The
urgency clause was applied in accordance with the planned development of the
Yamuna Expressway, as held in the Nand Kishore case, it said.
The third issue was whether the view taken by the
Allahabad High Court in the Kamal Sharma case lays down the correct proposition
of law or whether the law laid down in the Shyoraj Singh case was justified.
The apex court affirmed that the judgement in the
Kamal Sharma case, which relied on earlier precedents, correctly interpreted
the law and upheld the acquisition.
The bench set aside the conflicting judgement of the
High Court in the Shyoraj Singh case as per-incuriam' and thus invalid. This
had ruled in favour of the landowners.
The case stemmed from land acquisition initiated in
2009 under the urgency provisions of sections 17(1) and 17(4) of the Land
Acquisition Act for the planned development of the Yamuna Expressway region.
The landowners opposed the acquisition, citing
misuse of the urgency clause and claiming that their lands, classified as Abadi
Bhoomi (residential land), were unsuitable for acquisition without due inquiry.
The high court had issued divergent rulings in
related cases.
In Kamal Sharma vs State of UP, the court upheld the acquisition and
granted enhanced compensation, while in Shyoraj Singh vs State of UP, another
bench quashed the acquisition, citing arbitrary application of the urgency
provisions.