Quashing acquisition of 589 hectares of land in Patwari village in Noida Extension by the UP government, the Allahabad High Court upheld the farmers’ stand that authorities breached their right to equality with a “pick and choose” policy in acquiring land by sparing a select few, including one belonging to a former MLA.
Perusing a survey report adduced in court as it adjudicated the challenge to the land acquisition by 11 farmers, a division bench of Justices Sunil Ambawani and S S Tiwari noted that the actions of the government authorities, including Greater Noida Industrial Development Authority (GNIDA), was “vitiated” since the farmers’ fundamental right was transgressed upon.
“We also find merit in the appellants’ plea that the acquisition of their land is vitiated due to violation of the doctrine of equality enshrined in Article 14 of the Constitution. A reading of the survey report shows that the committee constituted by the State Government had recommended release of land measuring 18.9725 hectares. A large chunk of land measuring 4.3840 hectares was not acquired apparently because the same belong to an ex-member of the legislative assembly,” the bench said in its July 19 judgment, a copy of which was made available on Friday.
Dismissing the argument that some land was released because owners had already constructed houses, the court noted a bias: “Many parcels of land were released from acquisition because the land owners had already raised constructions and were using the same as dwelling units... The appellants had also raised constructions on their land and were using the same for residential and agricultural purposes. Why their land was not left out from acquisition has not been explained in the counter affidavit filed by the respondents.”
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