Delivering a significant verdict, the Allahabad High Court has upheld the land acquisition process for the Noida International Airport in Jewar. The Court observed that the land acquisition is proceeding in accordance with the law. However, the Court issued clear directives regarding the displaced persons, mandating that measures for their rehabilitation be fully implemented.
The Allahabad High Court has affirmed the land acquisition process undertaken for the expansion of the Noida International Airport in Jewar, Gautam Buddha Nagar. Nevertheless, the Court issued explicit instructions to the authorities, directing that rehabilitation measures for the affected families must be fully executed before taking possession of their residential land.
While disposing of petitions filed by farmer Vijay Pal Singh and 12 other farmers, a Division Bench comprising Justice Mahesh Chandra Tripathi and Justice Kunal Ravi Singh observed that the land acquisition was conducted in full compliance with the Land Acquisition Act of 2013. The petitioners had challenged the acquisition process, contending that it violated their fundamental Right to Property under Article 300A of the Constitution.
In Accordance with Land Acquisition Laws
In its verdict, the Court stated: “In the present case, it is found that the acquisition process has been conducted strictly in accordance with the Land Acquisition Act, 2013. This is a valid law enacted by Parliament, which incorporates provisions for Social Impact Assessment, public hearings, consent, fair compensation, and rehabilitation and resettlement to safeguard the interests of landowners and affected families. In this instance, no person has been deprived of their property except by the authority of law; therefore, there has been no violation of Article 300A. Consequently, the constitutional challenge fails.”
The Court also noted that the petitioners were not opposing the acquisition of their agricultural land; rather, their grievances were primarily confined to the issues of displacement and the attendant problems associated with it. This verdict is expected to further clear the path for the expansion of the Noida International Airport (Phases 2 and 3). While upholding the validity of the acquisition, the Court has issued orders to ensure that rehabilitation is duly provided.
