Allahabad High Court has asked UP govt and Noida Authority to clarify whether they have implemented the Supreme Court‘s July 10, 2024, order to pay landowners compensation under the 2013 land acquisition law.A division bench of Justices Mahesh Chandra Tripathi and Kunal Ravi Singh sought responses on whether compensation was reassessed and released in line with the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013, which generally provides higher payouts through revised market value, solatium and interest.The land was acquired by the Authority for planned industrial development under the Land Acquisition Act, 1894.
A declaration under Section 6(1) was issued in Jan 2015. Landowners had challenged the process, and in Jan 2017, the high court quashed the Section 6(1) declaration, citing procedural lapses in the hearing of objections under Section 5A of the 1894 Act.The Authority took the matter to the Supreme Court. In its 2024 judgment, the apex court set aside the 2017 high court ruling and upheld the acquisition, holding that the high court erred in annulling the entire process — particularly when “a majority of affected landowners either did not file objections or accepted compensation”, and when “large-scale development already took place” on the acquired land.The Supreme Court simultaneously issued binding directions on compensation. It clarified that because the 2013 law came into force while the acquisition proceedings were still pending, landowners were entitled to compensation under Section 24(1) of the 2013 Act, not the repealed 1894 law. The apex court ordered that any land compensation that was not already paid must be released with statutory interest, and added that receiving compensation would not bar landowners from seeking enhancement under the 2013 law. The court also ordered that the limitation period for such enhancement claims would run from the date of its judgment.The matter has now returned to the high court on the plea that these compensation directions have not been implemented yet on the ground, even though the legality of the acquisition has attained finality.During Tuesday’s hearing, the counsel for the state govt as well as the Noida Authority sought time to obtain instructions on compliance with the Supreme Court ruling in question. The high court granted the request, and further directed that the earlier 2017 division bench judgment be placed on record, and listed the matter for further hearing on Feb 2.
