AJAY RASTOGI, ABHAY S. OKA
Noida Industrial Development Authority – Appellant
Versus
Ravindra Kumar – Respondent
Certainly. Based on the provided legal document, the key points can be summarized as follows:
Landowners who have accepted compensation under an agreement, including the applicable rules, are considered to have acquiesced to the government's action and are not justified in raising grievances at a later stage (!) (!) .
The jurisdiction under Article 226 of the Constitution of India is discretionary and equitable. It is not obligatory for the High Court to correct every illegality, especially if doing so may lead to unjust results (!) .
The acquisition process involved invoking the urgency clause, which was found to be illegal by the High Court. However, the High Court did not quash the acquisition but balanced private rights with public interest by directing that compensation be determined according to the more recent Act, on the date of judgment (!) (!) .
The High Court's approach of maintaining the acquisition proceedings while awarding higher compensation under the 2013 Act is justified and cannot be faulted, given the substantial development undertaken on the acquired lands and the delay in filing petitions (!) (!) .
Landowners who did not accept compensation under the agreement and supported the relief granted by the High Court are in favor of the approach that balances individual rights with public interest (!) .
The relief granted by the High Court, which included awarding higher market value and development benefits, was based on the peculiar facts of the case and is not intended as a precedent for future cases (!) .
The landowners' delay in challenging the acquisition, after substantial development and possession transfer, weakens their claims. Their voluntary acceptance of compensation and subsequent delay in filing petitions diminish their entitlement to further relief (!) .
No error was found in the impugned judgment, and the appeals were dismissed accordingly. Additionally, the contempt petition filed was disposed of, confirming that no further action was necessary (!) (!) .
These points reflect the court's reasoning regarding the legality of the acquisition, the discretion of the High Court in exercising writ jurisdiction, and the importance of timely challenge and acceptance of compensation by landowners.
JUDGMENT :
Abhay S. Oka, J.
Special Leave Petitions
1. Leave granted.
2. This group of appeals arise out of a common judgment and order dated 13th September 2019 of a Division Bench of the High Court of Judicature at Allahabad. Some of the appeals are filed by Noida Industrial Development Authority (for short, ‘the acquiring body’). The other appeals are filed by the original writ petitioners before the High Court who are claiming to be the owners of the acquired lands.
3. The State Government issued a notification dated 7th November 2007 under Section 4 of the Land Acquisition Act, 1894 (for short, ‘the 1894 Act’). By the said notification, the State Government notified its intention to acquire 108.233 hectares of lands in Village Begumpur, Pargana Dankaur, Tehsil Sadar, District Gautam Budh Nagar. The purpose of the acquisition was the planned industrial development through New Okhla Industrial Development Authority (NOIDA). The State Government invoked the urgency clause under sub-section (1) of Section 17 of the 1894 Act and also passed an order under sub-section (4) of Section 17 for dispensing with an enquiry under Section 5A of the 1894 Act. On 17th March 2008, a declaration unde
Login now and unlock free premium legal research
Login to SupremeToday AI and access free legal analysis, AI highlights, and smart tools.
Login
now!
India’s Legal research and Law Firm App, Download now!
Copyright © 2023 Vikas Info Solution Pvt Ltd. All Rights Reserved.