Prayagraj:
The Allahabad high court on Thursday held that the state government or
development authorities cannot recover from the allottees of land the
extra compensation which they have to pay to the land owners whose land
were acquired without prior agreement with the allottees with regard to
increase in compensation to be born by such allottees of land.
The
court further held that any extra demand made by Yamuna Expressway
Industrial Development Authority (YEIDA) from allottees of land in
furtherance of government order dated August 29, 2014 was illegal.
Hence, the court quashed all the demands raised on the basis of GO dated
August 29, 2014.
Allowing a bunch of writ petitions filed by
Shakuntla Educational and Welfare Society and various other builders and
trusts, a division bench comprising Justice Pankajl Mithal and Justice
VC Dixit said that the issuance of the GO dated August 29, 2014 and its
acceptance by YEDA is patently illegal.
It was on August 29, 2014,
that the state government passed an order mentioning that due to
agitation of the farmers and legal complications, it was necessary for
an out of court settlement with the farmers by offering 64.7% additional
amount for their acquired land, provided they withdraw their petitions
challenging the acquisition proceedings and undertakes not to institute
any litigation and create any hindrance in the development work of
YEIDA.
The government directed for the payment of 64.7% additional
amount to the farmers and also to recover it from the allottees of the
land. It was challenged by the allottees of land. Petitioners’
contention was that state government was recovering increased
compensation from allottees of the land, though it never modified terms
and conditions of contract and in absence of any modification in terms
and conditions, state government has no right to recover any excess
compensation from petitioners.
“Any rights, on the basis of a
concluded or final contract or lease, which have been crystallized in
favour of any party cannot be taken away by framing a policy on some
later date. A policy so framed would be prospective in nature and cannot
affect the contracts already finalised. Any such policy which is
unilaterally framed disturbing the rights which have accrued to a party
would clearly be violative of Articles 14 (right to equality) of the
Constitution, the petitioners contented.
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to YEIDA (Yamuna Expressway Industrial Development Area)
HC relief to YEIDA allottees on increased compensation
CITIESUpdated: May 28, 2020 23:44 IST
Jitendra Sarin
In a major relief to the allottees of Yamuna Expressway Industrial Development Authority (Yeida) land in Gautam Buddh Nagar district, the Allahabad High Court on Thursday said neither the state government nor the development authorities could recover the increased compensation given to farmers whose land was acquired from the allottees without any prior agreement.
Ruling that any extra demand made by Yeida from the allottees was illegal, the court quashed all such demand orders.
With this, the bench comprising Justices Pankaj Mithal and VC Dixit allowed a bunch of petitions filed by Shakuntla Educational and Welfare Society and various other builders and Trusts.
On August 29, 2014, the state government had passed an order mentioning that due to the farmers’ stir and legal complications, an out of court settlement with the farmers offering them 64.7% more compensation for their acquired land was necessary provided they withdrew their petitions challenging the acquisition proceedings. “The government directed for the payment of 64.7% additional amount to the farmers and to recover it from the allottees of the land,” said that order.
However, the petitioners’ contention was that the state government was recovering increased compensation from the allottees though it never modified terms and conditions of the contract and in the absence of the same the state government had no right to recover any excess compensation from the petitioners.
“Any rights, on the basis of a concluded or final contract or lease, which have been crystallised in favour of any party cannot be taken away by framing a policy on some later date. A policy so framed would be prospective in nature and cannot affect the contracts already finalised. Any such policy which is unilaterally framed disturbing the rights which have accrued to a party would clearly be violative of Articles 14 and 16 of the Constitution,” contented the petitioners.
Yeida representatives could not be reached for comment.
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