SC Upholds Yamuna Expressway Land Acquisition

27 Nov 2024 CW Team

In a landmark decision, the Supreme Court upheld the validity of land acquisition for the Yamuna Expressway and its adjoining areas in Gautam Budh Nagar, Uttar Pradesh. The judgement resolves a long-standing conflict over the application of urgency provisions under the Land Acquisition Act, 1894.

The bench, comprising Justices B R Gavai and Sandeep Mehta, dismissed landowners' appeals while allowing the Yamuna Expressway Industrial Development Authority's (YEIDA) cross-appeals. Justice Mehta, authoring the 49-page verdict, emphasized that the acquisition was integral to the expressway's development and adjoining areas, serving unified public-interest objectives.

Key Observations: Integrated Development: The court ruled that the land acquisition was part of an integrated development plan for the Yamuna Expressway, ensuring overall regional growth. Urgency Clause Justified: The application of urgency provisions under sections 17(1) and 17(4) of the Land Acquisition Act was deemed legal, citing rapid development needs and prevention of unauthorized encroachments. Uniform Compensation: The bench upheld the Allahabad High Court’s 64.7% enhanced compensation as a "No Litigation Bonus," ruling out further enhancements to ensure equity among affected landowners. The Supreme Court also addressed conflicting Allahabad High Court rulings:

It affirmed the Kamal Sharma case, which upheld the acquisition and granted enhanced compensation. It invalidated the Shyoraj Singh case as "per-incuriam," which had quashed the acquisition citing arbitrary urgency clause application. This verdict concludes disputes stemming from 2009 land acquisitions, paving the way for continued development of the Yamuna Expressway, a critical infrastructure project connecting the region's economic hubs.

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