LUCKNOW: In a significant development, the Allahabad High Court has upheld acquisition of land for the expansion of the Noida International Airport at Jewar in Gautam Buddha Nagar district, dismissing a batch of petitions that challenged the acquisition needed for the second and third phases of the project.
While affirming the legality of the acquisition, the court issued clear directions to the Yamuna Expressway Industrial Development Authority (YEIDA) and the Uttar Pradesh government to protect residential plots, locally known as “Aabadi,” belonging to affected farmers.
The judgment was delivered by a division bench comprising justices Mahesh Chandra Tripathi and Kunal Ravi Singh that heard the petitions filed by 12 farmers through their counsel Mahesh Sharma, along with submissions from representatives of the state government and YEIDA.
After examining the record, the court noted that the acquisition process had complied with all requirements under the Land Acquisition Act, 2013, including the social impact assessment survey, public hearings, and obtaining the mandatory consent of 70% of landowners.
On the issue of homestead land, the court took on record an affidavit filed by YEIDA, which assured that possession of residential properties would not be taken until a fully developed rehabilitation site is ready. It further directed that several conditions must be met before possession, including precise measurement of each affected family’s residential land, allotment of developed plots under the rehabilitation scheme, and issuance of awards under Section 31 of the Act.
The court further mandated that alternative plots must be allotted to farmers before any eviction is carried out, warning that any deviation from these commitments would invite contempt proceedings.
The bench also clarified that farmers dissatisfied with compensation may approach the reference authority under Section 64 of the Act.
78 hectares of land set aside for rehabilitation
The court said 78 hectares of land listed in Schedule B under Section 19 is reserved for rehabilitation of displaced families and not for the construction of the airport.
