Allahabad High Court Demands Answers on Land Compensation Implementation
The Allahabad High Court has taken a firm stance on the implementation of a crucial Supreme Court order. A division bench comprising Justices Mahesh Chandra Tripathi and Kunal Ravi Singh issued a directive to the Uttar Pradesh government and the Noida Authority. The court wants clear answers about whether they have followed the Supreme Court's July 10, 2024, judgment regarding compensation for landowners.
Court Seeks Clarity on Compensation Reassessment
During Tuesday's hearing, the bench specifically asked the authorities to clarify their actions. They need to confirm if compensation has been reassessed and actually released to the affected landowners. This reassessment must align with the provisions of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act of 2013.
The 2013 law typically provides significantly higher payouts to landowners. It includes revised market value calculations, solatium payments, and statutory interest. The court's inquiry focuses on whether these enhanced benefits have reached the people whose land was acquired.
Background of the Land Acquisition Case
The Noida Authority originally acquired this land for planned industrial development. They used the now-repealed Land Acquisition Act of 1894 for the process. A formal declaration under Section 6(1) of that old law was issued in January 2015.
Landowners challenged the acquisition procedure in court. In January 2017, the Allahabad High Court quashed the Section 6(1) declaration. The court cited serious procedural lapses, particularly in how objections were heard under Section 5A of the 1894 Act.
The Noida Authority then appealed this decision to the Supreme Court. In its landmark July 2024 judgment, the apex court set aside the 2017 high court ruling. The Supreme Court upheld the validity of the land acquisition itself.
Supreme Court's Binding Directions on Compensation
The Supreme Court provided crucial clarification in its judgment. It noted that the 2013 land acquisition law came into force while the acquisition proceedings were still pending. Therefore, landowners became entitled to compensation under Section 24(1) of the 2013 Act, not under the repealed 1894 law.
The apex court issued specific binding directions. It ordered that any land compensation not already paid must be released immediately with statutory interest. The court also made an important clarification. Receiving this compensation would not prevent landowners from seeking further enhancement under the provisions of the 2013 law.
Additionally, the Supreme Court ruled that the limitation period for filing enhancement claims would run from the date of its July 2024 judgment. This gives landowners a clear timeframe to pursue their rights.
Current Proceedings in the High Court
The matter has now returned to the Allahabad High Court through a fresh plea. Landowners argue that the Supreme Court's compensation directions have not been implemented on the ground. They note that while the legality of the acquisition has attained finality, the compensation aspect remains unresolved.
During Tuesday's hearing, counsel representing both the state government and the Noida Authority requested additional time. They need to obtain proper instructions regarding compliance with the Supreme Court's ruling.
The high court bench granted this request for time. It also directed that the earlier 2017 division bench judgment be formally placed on the record. The court has listed the matter for further hearing on February 2, giving the authorities time to prepare their response.
This case highlights the ongoing tension between development projects and landowner rights. It tests the implementation of progressive land acquisition laws meant to ensure fair compensation for those affected by infrastructure and industrial projects.
