NOIDA: The Allahabad High Court has requested clarification from the Uttar Pradesh government and Noida Authority regarding compliance with the Supreme Court’s July 10, 2024, ruling mandating compensation to landowners under the 2013 Land Acquisition Act.
A division bench consisting of Justices Mahesh Chandra Tripathi and Kunal Ravi Singh has sought information about whether the compensation has been reassessed and issued according to the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013, which generally offers higher payments including revised market value, solatium, and interest.
The Noida Authority acquired land for industrial development under the Land Acquisition Act of 1894. A Section 6(1) declaration was made in January 2015, but landowners challenged this. In January 2017, the High Court overturned the declaration, citing procedural issues during the objection hearings under Section 5A of the 1894 Act.
The Authority then appealed to the Supreme Court, which in its 2024 judgment overturned the 2017 ruling, stating that the High Court had erred by annulling the entire acquisition process, especially as “the majority of affected landowners either did not object or accepted compensation,” and “large-scale development had already occurred” on the acquired land.
The Supreme Court issued binding directives regarding compensation, clarifying that, since the 2013 Act came into effect during the pendency of the acquisition proceedings, landowners must be compensated under the 2013 Act, not the repealed 1894 law. It mandated that any unpaid land compensation should be released with statutory interest, and receiving compensation would not prevent landowners from seeking enhancements under the 2013 law.
Furthermore, the court established that the limitation period for enhancement claims would commence from the date of its judgment.
The case has returned to the High Court, where it has been argued that the compensation directives have yet to be implemented despite the legitimacy of the acquisition being settled.
During the hearing on Tuesday, representatives from the state government and Noida Authority requested additional time to gather instructions regarding compliance with the Supreme Court’s ruling. The High Court granted this request, ordered the earlier 2017 division bench ruling to be included in the record, and scheduled further hearings for February 2.
