SUPREME COURT OF INDIA
KRISHNA MURARI, S. RAVINDRA BHAT, JJ.
Ramesh Chandra Sharma & Ors. – Appellants
Versus
State of Uttar Pradesh & Ors. – Respondents
Civil Appeal No. 8819 of 2022 (arising out of S.L.P. (C) No. 11447 of 2018)
With
Anoop Singh (Dead) Thr. Lr(s). & Ors. – Appellants
Versus
State of Uttar Pradesh & Ors. – Respondents
Civil Appeal No. 8820 of 2022 (arising out of S.L.P. (C) No. 21323 of 2018)
With
Jageshwar Singh @ Jage (Dead) Thr. Lr(s). & Anr. – Appellants
Versus
State of Uttar Pradesh & Ors. – Respondents
Civil Appeal No. 8821 of 2022 (arising out of S.L.P. (C) No. 2256 of 2019)
Decided On : 20-02-2023
| Table of Content |
|---|
| 1. overview of land acquisition and classification (Para 1 , 2 , 5 , 9 , 10) |
| 2. court's observations on historical context and classification terms (Para 6 , 8 , 18) |
| 3. arguments presented by both parties regarding compensation (Para 20 , 21) |
| 4. legal principles regarding rights to compensation (Para 22 , 28 , 60) |
| 5. court's analysis on legality of classification (Para 24 , 31 , 58) |
| 6. final conclusion and order of the court (Para 67 , 68 , 69) |
JUDGMENT :
Krishna Murari, J.
1. These appeals are directed against the judgment and order dated 30.03.2018 passed by a Full Bench of the High Court of Judicature at Allahabad (hereinafter referred to as ‘the High Court’), The reference to Full Bench came to be made under the following circumstances: -
1.1 Writ Petition No. 61449 of 2009, Smt. Madhuri Srivasatava Vs. State of U.P. & Ors., (2016) 6 SCC OnLine AII 2832 along with other connected petitions were filed by certain landholders whose land was acquired by NOIDA challenging the decision of the Board of Directors of NOIDA dated 07.01.1998 as also the approval granted to the said resolution by the State Government dated 02.03.2009 whereby a distinction was carved out in the matter of payment of compensation by creating a classification between “Pushtaini” and “Gair-pushtaini” landholders. The ‘Pushtaini’ landholders whose lands were acquired, were given additional compensation @ Rs.3 per sq. yard along with 15% as rehabilitation bonus on the compensation already awarded, as also the 10% area of the acquired land, whereas those who were declared as ‘Gair-pushtaini’ were denied this additional benefit. A Division Bench of the High Court vide Judgment and order dated 10.05.2016 dismissed the Writ Petition holding the classification to be reasonable having direct nexus with the object sought to be achieved i.e., rehabilitation of the original residents who are likely to become landless due to the acquisition of their land.
2. Another bunch of Writ Petitions were filed by the present appellants challenging a similar classification made by the Greater Noida Authority (hereinafter referred to as ‘G Noida’) in payment of compensation on the basis of the landholder being ‘Pushtaini’ and ‘Gair-Pushtaini’.
3. While considering the Writ Petitions, another Division Bench disagreed with the views expressed in the case of Smt. Madhuri (Supra) and vide order dated 07.07.2017 referred the matter to be decided by a larger Bench.
4. The Full Bench constituted in pursuance to the reference framed the following questions for adjudication :-
(i) Whether the law laid down by a Division Bench of this Court in the case of Smt. Madhuri Srivastava reported in (2016) 6 ADJ 1 is in conflict to the law laid down by the Supreme Court in the case of Nagpur Improvement Trust and Another Vs. Vithal Rao and Ors., (1973) 1 SCC 500 and also with the provisions of the LAND ACQUISITION ACT , 1894?
(ii) Whether the classification made under the U.P. Land Acquisition (determination of compensation and declaration of award by agreement) Rules, 1997, the distinction made among ‘Pushtaini’ and ‘Gair-Pushtaini’ farmers, is a classification having reasonable nexus with the object sought to be achieved?
5. Vide impugned judgment and order dated 30.03.2018, the Full Bench answered question No. 1 in negative and question No. 2 in affirmative and upheld the view taken by the Division Bench in the case of Smt. Madhuri Srivastava (Supra). As a consequence of the answers to the questions framed, the Full Bench held that nothing remains to be decided in the Writ Petitions filed by the present appellants and the same were dismissed.
6. Before we enter into the factual matrix of the case, we find it expedient to first trace out the etymology of the words “Pushtaini” and “Gair Pushtaini” used in the impugned classification, for language, once adopted inside the realm of law, mater
State legislation cannot provide lesser compensation than that guaranteed under parliamentary law, rendering it repugnant and unconstitutional.
(1) Acquisition of land – Where there exists no direct piece of evidence to determine fair and just compensation, Court will resort to settled principle of Guesstimation.(2) Acquisition of land – Det....
The court established that the New Act, 2013, governs compensation for land acquisitions under the Adhiniyam when the award is not finalized before the New Act's enforcement, ensuring compliance with....
The main legal point established in the judgment is that for the acquisition proceedings to lapse under section 24(2) of Act of 2013, both the conditions of physical possession and compensation payme....
Section 28-A permits compensation exceeding foundational award rates for proven irrigated lands or additional elements like structures/trees, without absolute cap, to fulfill beneficent intent of equ....
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.