I. Land Acquisition cases in UP: a brief overview based on case studies 1.

Acquisition of land in UP has ignited a plethora of protests from the farmer community. UP was the only state that acquired farmers land under a karar niyamwali (legal agreement). Land was acquired as part of a normal development process undertaken by the Greater Noida Authority. Farmers dont oppose land acquisition for development as such. But they are angry with the state government for behaving like a property dealer. Land is being acquired cheap and then handed over to the private companies who reap profit 1. In 2009, the Mayawati Government acquired land for development of the industry by invoking the urgency clause. The land use plan was changed within 11 days of the acquisition to transfer it to the real estate promoters. This was seen as a misuse of public power for private purposes. II. 2. Case studies: Acquisitions in Greater Noida

2.1 Bhatta and Parsaul Village On May 7, 2011, Bhatta and Parsaul village in Gautam Buddha Nagar became a battlefield of land wars. 2 villagers and 2 Police men were killed during clashes. Farmers have been agitating for better compensation for the land acquired by the UP government for Rs 9739-crore Yamuna Expressway. The Yamuna Expressway Project was conceived with the idea of reducing the travel time between New Delhi and Agra. In 2007, Yamuna Expressway Industrial Development Authority (YEA) notified 256 villages for the development of the area along the greater Noida- Agra Expressway. YEA offered Rs. 850 per sq m to farmers to be later sold at Rs. 5,500 ps mt to private builders. Builders plan to sell the land at Rs.18, 000 ps mt. Bhatta and Parsaul villages in Greater Noida, 75 Km from Delhi, are the forefront of the property boom in the metropolis outlaying areas. The farmers in the two villages who participated in agitation said that they were forced to give up their land and have now realized how valuable the asset they gave up was. In August 2009, YEA had announced a lottery for 21,000 plots in Sector 18 and 20 of Bhatta & Parsaul village. These plots were being sold by the authority for Rs.4, 750 ps m, which was later revised to Rs.5, 500 ps m. 2 Protests by farmers: The movement in Greater Noida started in January 2010 when the residents of 17 villages called Manveer Singh Tevatia, the leader in Tappal, to lead their agitation. The epicenter of the movement was Bhatta and Parsaul villages. It started with the
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18/05/2011; TOI (Theyre making a killing on our land) 21/5/2011; Tehelka, Shoma Chaudhury (Land Wars)

abduction of three employees of the UP State Road Transport Corporation (UPSRTC) on 6 May 2011 in support of a demand for more compensation for land acquired by the Greater Noida Industrial Development Authority (GNIDA). On 9 May 2011, when police-men tried to rescue the hostages, gunfire was exchanged between the two sides leading to the death of three people, including two policemen. Many were injured including the district magistrate. With the political parties eyes set firmly on the state assembly elections due in May 2012, UP was the perfect touchstone for gaining public support. The Congress was quick to jump into the scene by sending its youth mascot, Rahul Gandhi to inspect farmers claim. On 16 May 2011, when Rahul Gandhi led a delegation of farmers to meet the Prime Minister, he accused the UP administration of severe atrocities including the rape of women and burning of dead bodies without substantive evidence. Demands of villagers: They are willing to give away 3 half of their property for development but the price must be right. The other half must remain in their possession. In addition, each family should get an urban plot measuring 120 sq mt and around 5 lakh in cash. Finally, the government must reserve 20 per cent of jobs for them in Noida, Greater Noida and the Yamuna Expressway. 2.2. Gulistanpur village Gulistanpur, 30 Km from Greater Noidas Bhatta and Parsaul, has been the eye of a storm over land acquisition by the state government for the Yamuna Expressway. Greter Noida Authority issued notification for the land acquisition on September 5, 2007 under Section 4 of the Land Acquisition Act, depriving the aggrieved persons of filing their objections on the ground that the matter was urgent. 170 hectares of land was finally acquired in February 2008 for "Planned industrial Development" The 656 farmers whose land the UP Government took over were promised Rs. 132 crore as compensation. Hundreds of villagers had approached the court in March 2008. The landowners and farmers challenged the government notification for land acquisition. Petitioners alleged that the state government was lying about using the land for industrial purposes. The land, instead, was sold to some builders for the construction of residential complexes. 4 On May 31, 2011, a two judge bench of the Allahabad High Court scrapped the acquisition of 170 hectares of land in the Gulistanpur village of Greater Noida5.
25/5/2011; Mail Today, Dipankar Gupta (Dont condone the excesses of GR Noida villagers) 31/5/2011 Mail Today (HC quashes Gr Noida land acquisition by Maya Govt) 5 31/5/2011 Indian Express (Allahabad HC set aside 170 hectares of land in Gulistanpur village)
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The order was passed by a division bench comprising Justice Sunil Ambawani and Justice Kashi Nath Pandey. The acquisition was cancelled after the Greater Noida authority failed to prove that any industrial work had begun on the land. 2.3 Katesar Village, Chandauli District The discontent among farmers over land acquisition travelled from western UP to the eastern side of the state. The Varanasi Development Authority had initiated the process of acquisition of 121 hectares of land in Katesar for development of a cultural/city hub. The project to develop a cultural city along Ganga on VaranasiChandauli border was conceptualized in 2008. The proposed cultural city was to have museums, private universities, complexes promoting art. The notification under Section 4 of the Land Acquisition Act, for the first phase of the project was done in June 2010, affecting about 1,000 farmers. Another notification under Section 6 of the Land Acquisition Act, declaring that acquisition is to be done for public purpose, was issued on March 23, 2011. According to farmers, the area proposed for acquisition was fertile agricultural land along the banks of the Ganga. (TOI)6. The farmers, on an indefinite dharna under the banner of Kisan Sangharsh Samiti (KSS) supported by Bharatiya Kisan Union, detained the SDM and a circle officer. On May 31, 2011, the Uttar Pradesh government decided to scrap acquisition proceedings in Chandauli. District Magistrate Vijay Kumar Tripathi recommended the government to withdraw the acquisition notices issued under section 4 and section 6 of the Land Acquisition Act. Subsequently, the farmers of Katesar village in Chandauli district withdrew their week-long agitation against the land acquisition after an assurance by the district authorities that their lands would not be acquired under emergency clause. 3. Acquisitions in Noida Extension

1. 16 villages fall within the Noida Extension area. These are: Khera Chauganpur, Khairpur, Gujar, Tusiana, Amanadad, Shahberi, Saini, Bisrakh, Patwari, Haibatpur, iteda, Roja Yakubpur, Chityana Khurd and Yusufpur, Gulisptanpur, Surajpur, Deola 2. 2,000 acres area of land allotted in Noida Extension. 3. 156 hectares or 15.6 lakh metres is the total area acquired by Noida Authority from villagers of Chak Shaberi 4. Rs. 800 per sq.mt is the rate at which authority acquired land from farmers 5. Rs.12, 000 per sq mt is the price at which land is sold to builders.

30/5/2011 Indian Express (UP gives in to farmers, defers Katesar Land acquisition)

6. Prominent builders: Amrapali, Supertech, Gaur Sons, Ajnara, Mahagun, Panscheel, Gulshan Homes, Shri Ji Group and Paramount builders

3.1 Shahberi Village Status: 10 Number of cases filed in Allahabad Court Status of cases: The Shah beri case is over. A bunch of petitions has been filed by farmers in Bisrakh Village. Hearing due on July 14. Another bunch of petitions has been filed by farmers of Bisrakh village. Hearing date not fixed. Four bunches filed by farmers of Rauja, patwari, Bisrakh, and Dewala(not in Noida extension) were heard by HC. Stay has been granted. Two bunches of petitions (separate because petitions were of different nature: those who took compensation and those who did not) have been filed. Hearing date not fixed. 7 For investors: After the Shahberi verdict, the SC ruled that buyers will get full refund (with interest) if they prefer to withdraw. Several builders have given the option for relocation. For Farmers: Villagers to decide on the future course of action after holding a panchayat. Will be a collective decision whether to resell land at higher rates or retain farming. Villagers say refund of compensation amount to Authority would be considered only if it returns the land in condition it was at the time of acquisition. They want the Authority to first compensate them for the standing crops when the land was acquired. They will not renegotiate with builders at all. They want the Authority to compensate them and talk to them. Also, according to the new land policy, at such places that have a public undertaking, development body or housing authority, only that body can facilitate sale of land between farmers and developers.

.3 The total number of plots affected in Patwari 2,900; villages gone to court-10; total number of units in the area 2.5 l 4. Already denotified: Shahberi (156 hectares), Gulistanpur (170 hectares), Surajpur(70 hectares), Makoda, Patwari (589 hectares) ; approaching court: Khairpur 5. 1 Lakh number of apartments sold

77/7/2011

The Hindustan Times (Developers demolish temporary structures, shift base elsewhere)

Facts: 2,000 acres of land allotted in Noida Extension 11 villages from Noida, 2.5 lakh houses being built by 25 builders, 1 lakh houses have already been booked Rs. 1,747 crore is the total amount Greater Noida Authority made from sale of land Rs. 4,000 per sq mt is the money that the farmers are demanding This is higher than the highest compensation of Rs.1,100 sq mt any development authority has ever paid in the state The Uttar Pradesh government's plan to build a residential hub on 2,000 acres in 11 villages in Noida Extension received a second jolt on Tuesday, with the Allahabad high court setting aside the acquisition of 589 hectares in Patwari village. The judgment comes after a Supreme Court verdict earlier this month, quashing the acquisition of 156 hectares in Shahberi village in the same area. Three years ago, the Greater Noida Industrial Development Authority (GNIDA) acquired the land for industrial purposes, using an urgency clause, but allotted it to 11 real estate players, who planned 50,000 housing units in the village. Bookings for more than 20,000 houses had already been done. Now, land acquisition in the other nine villages has also been challenged on the same ground that was put forward by Shahberi farmers - the land was acquired and allotted to builders without paying heed to farmers' objections.8

The Allahabad High Court on Tuesday set aside yet another land acquisition by the Greater Noida Industrial Authority. Using the urgency clause, the Authority had acquired 589 hectares of land in Patwari village, in Noida Extension, in the name of industrial development but had given it away to private builders for residential and commercial projects. The decision comes barely a fortnight after the Supreme Court upheld the high courts verdict cancelling acquisition of more than 150 hectares in neighbouring Shahberi village.

20/7/2011, MSN News (HC scraps land acquisition in another village in Greater Noida village)

A division bench of Justices Sunil Ambawani and S S Tiwari set aside the acquisition saying that there was no requirement to invoke the urgency clause. The court passed the order on a bunch of petitions filed by farmers from Patwari village.9 According to the counsel for the petitioners, Parminder Bhati, the decision would bring relief to at least 1,600 farmers. At least 18 big and small builders will be affected due to the decision, said Bhati.

the Supreme Court today upheld the Allahabad High Court order setting aside the Greater Noida Authoritys acquisition of land in the Shahberi village that falls under Noida Extension in Uttar Pradesh. The apex court also imposed a fine of Rs 10 lakh on 10the Greater Noida Industrial Development Authority, after it found it guilty of illegally manipulating the land use and also the purpose for which the land was acquired. With todays order the builders, namely Amprapali, Supertech, Ajnara and others, will have to surrender the land to the GNIDA and will have to refund the money of a large number of people ~ at least 6,000 ~ who had booked flats. Dismissing the petitions by GNIDA and several private builders, a Bench of Justices G S Singhvi and AK Ganguly refused to interfere with the Allahabad High Court's order quashing the acquisition of 157 acres of land from farmers by the GNDA in Shahbari village in Greater Noida, saying the authority allotted the land to some builders even before getting approval from the state government for changing the land usage from industrial to residential purposes. The Bench said it need not interfere into the judgment of the high court which held that the urgency provision applied by the authority for the acquisition of land was entirely a colourable exercise of power. The apex court also directed the Greater Noida Industrial Development Authority to hand over the land to villagers and farmers. In addition to imposing a cost of Rs 10 lakh on the Greater Noida Industrial Authority, the court also stopped the construction by builders Amrapali, Mahagun, Ajnara and Supertech.

20/6/2011; Indian Express (Land acquisition: HC scraps another Noida extension)

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6/7/2011 The Statesman (SC quashes Greater Noida land takeover)

Patwari and Deola Villages in Gautam Buddha Nagar With more than half the farmers in Patwari agreeing to a higher compensationbased out-of-court settlement, the Greater Noida Authority has now started eyeing the second village Shahberi in the Noida Extension area, where land acquisition has been set aside. While 20,000 homebuyers were hit in Patwari, the Shahberi judgment affected 6,500 houses. Farmers in Shahberi on Sunday confirmed "they were being spoken to" but added that they would not compromise. Many farmers were seen ploughing their fields. "We want our land back and will not accept any deal," said Mohammad Imran, a farmer. Some farmers have grown vegetables. The ongoing strike by local transporters has forced around 1,500 factory owners in Noida and Greater Noida to stop work during night at their round-the-clock units. Entrepreneurs say if the strike continues for three-four days more, all units will be shutdown in the absence of raw materials.A Samsung plant had to close production as it could not get raw materials. More companies production is expected to suffer in the next two to three days, Aditya Ghildiyal, senior vice president of the Association of Greater Noida Industries, said. In yet another blow to the Mayawati government in Uttar Pradesh, Greater Noida Industrial Development Authority (GNIDA), builders and would-be home owners, the Allahabad High Court on Tuesday cancelled the land acquisition in Patwari and Dewla villages in Greater Noida. The High Court ordered that 589 hectares of land be returned to farmers. The order follows the one in the neighbouring Shahberi village, could affect several housing projects in the area. Sampoornam, Nirala Estate, Patel Neo Town and Amrapali Leisure Valley, Arihant Arden are some of the builders who have launched their housing projects in two villages. Acting on a batch of petitions by farmers, a division bench comprising Justice Sunil Ambawani and Justice SS Tiwari set aside the acquisition of 589.13 hectares of land in Patwari and Dewla villages, falling under Dadri tehsil of Gautambuddh Nagar district. The land was acquired by the state government through notifications in March 2008 and May 2008 for building residential complexes in Greater Noida area neighbouring Delhi. The order came barely a fortnight after the Supreme Court had struck down acquisition of 156 hectares of land by the state government in village Shahberi in the area, saying the authorities were "subserving" private builders in the name of public interest. The apex court had on July 6 upheld the Allahabad High Court order which had quashed the land acquisition by the Greater Noida Industrial Development Authority under the urgency clause of the Land Acquisition Act and directed that the property be returned

to

the

farmers.

The Authority and builders had moved the apex court challenging the High Court decision. On May 30, too, the High Court had quashed acquisition of 170 hectares of land at Gulistan village in Greater Noida. In yet another setback to Mayawati government, the Allahabad High Court on Tuesday quashed acquisition of nearly 600 hectares of land in two villages in Greater Noida for residential purposes. Acting on a batch of petitions by farmers, a division bench comprising Justice Sunil Ambawani and Justice S S Tiwari set aside the acquisition of 589.13 hectares of land in Patwari and Dewla villages, falling under Dadri tehsil of Gautambuddh Nagar district. The land was acquired by the state government through notifications in March 2008 and May 2008 for building residential complexes in Greater Noida area neighbouring Delhi. The order came barely a fortnight after the Supreme Court had struck down acquisition of 156 hectares of land by the state government in village Shahberi in the area, saying the authorities were "subserving" private builders in the name of public interest. The apex court had on July 6 upheld the Allahabad High Court order which had quashed the land acquisition by the Greater Noida Industrial Development Authority under the urgency clause of the Land Acquisition Act and directed that the property be returned to the farmers. The Authority and builders had moved the apex court challenging the High Court decision.11 Builders affected by Patwari verdict: Amrapali, Supertech, Neo Patel, Arden, Nirala, Ajnara, Mahagun The Allahabad High Court on Tuesday quashed the states notifications acquiring 589 hectares of farmland in Patwari village in Greater Noida. 12Delivering the verdict on a writ petition filed by farmer Har Karan Singh and several others of Patwari village,a division bench of Justices Sunil Ambwani and S S Tiwari observed: Dispensation of hearing provided under Section 5-A of the Land Acquisition Act by invoking urgency clause under Section 17 (4) was not proper and legal.Hence,there was no urgency for acquiring farmers land for residential purposes in
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19/7/2011, Business today; (HC quashes acquisition of 600 hectares of land in Gr Noida) 20/7/2011 TOI (No urgency for acquiring farmers land, says court)

Nodia. The Maya government is not alone in invoke the clause to acquire land.Over 15,000 hectares has been acquired in Noida and Greater Noida since 1991.Almost all these acquisitions were done using the urgency clause by successive state governments,including that of BJP,SP and BSP, said a senior official in the authority. Noida Extension,which is actually sectors 1 to 4 of Greater Noida,covers around 2,000 acres.GNIDA had acquired land in Patwari village three years ago after invoking the urgency clause on the pretext of laying down industrial units,and 90% of the villagers had claimed their compensation.However,around two dozen villagers had approached the Allahabad High Court earlier this year and submitted roughly 50 petitions seeking restoration of the acquired land

The Allahabad high court on Tuesday quashed the state`s notifications acquiring 589 hectares of farmland in Patwari village in Greater Noida. 13The land was later sold to builders through auction and 11 housing projects were coming up there. Tuesday`s verdict, involving the largest chunk under litigation in the area, will affect around 20,000 buyers of flats and villas as well as 4,250 people who were allotted plots of sizes between 120 and 220 sq metres through lottery by the Greater Noida authority in 2009 and 2010. The land in question will now have to be returned by the builders to the authority which will then hand it back to the original owners. Greater Noida: Birsark- Devla Land in Bishrakh and Devla village was to be acquired for allotment to score of Real Estate firms for development of township and residential apartments. Hearing all the petitions filed by villagers and farmers against the acquisition collectively, the High Court asked the state government and land owners to maintain status quo. In effect, the acquisition process of 32 acres of land in Bishrakh and Devla village comes to a halt after the HC order. Counsel Pankaj Dubey said that out of the 32 hectare, 2.5 hectare of land was acquired for industrial development in Devla village in 2009. The remaining land was to be

20/7/2011 TOI (Noida Extn dreams crumble as court scraps another acquisition)
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acquired in Bishrakh Jalalpur for which petition was filed separately. Now the High Court would hear all the petitions collectively in July, Dubey informed.14

There's more bad news for builders and real estate buyers in Uttar Pradesh. The Supreme Court's final nullification of a 156-hectare deal in Greater Noida on Wednesday signals a similar fate for land acquisition transactions in about 50 villages of the state that have earlier been struck down by the Allahabad High Court. In the latest such instance, the HC found that Section 19 of the land acquisition Act, which covers the urgency or emergency clause, had been misused in the Chola Industrial Area ofBulandshahr district. Twenty-four hectares of land of 64 farmers was notified and acquired apparently for industrial development at the site in 2004. On Thursday, an HC bench comprising Justice Ashok Bhushan and Justice Ran Vijai Singh stayed the deal. The comfort, if any, that the Mayawati-led BSP government of UP can draw from this court order is that the dubious land takeover pertains to the period when SP chief Mulayam Singh Yadav was at the helm in the state. No development work has been done there over the past seven years. The area's farmers had moved the HC against the doubtful intentions of the government. Petitioners' counsel Pankaj Dubey revealed that the court had expressed its annoyance over such acquisitions. "Now the farmers of Chola can retain possession of their land and continue agricultural activities," Dubey pointed out. He contended that the HC's decision was particularly relevant against the backdrop of its orders on land acquired by the present government in Greater Noida. The same urgency clause for public utility was cited to deprive farmers of these tracts, which were ultimately handed over to private builders to develop apartments.15 "There are at least 50 villages in Greater Noida where the clause was invoked to grab farmland for a maximum amount of Rs 880 per square metre. The same land was given to builders for anything between Rs 10,000 and Rs 15,000 per sq. m. Finally, the realtors raked in huge profits by selling off flats built on the plot," Dubey explained. "The situation is more or less the same as regards every land acquisition since 2003. Since the SC has upheld the May 28, 2011, decision of the Allahabad HC in the case of the 156hectare tract at Shahberi in Greater Noida and the nature of land acquisition deals struck in other villages is the same, farmers belonging to the latter will get justice soon," he added. Recalling earlier cases of judicial intervention, he said the HC had on May 13, 2011, struck down the UP government's acquisition of 72 hectares of land in Greater Noida's Surajpur
1/6/2011 Jagran Post (Allahabad HC orders status quo on land acquisition in two villages in GNoida villages) 15 8/7/2011 India Today; (UP: SC land verdict shadow looms large over 50 villages)
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village because it was taken in an arbitrary manner. On May 28, the court had ordered the status quo on some plots in Bisrakh, Patwadi and Devla villages. On May 30, the HC scrapped the acquisition of 170 hectares of land in Gulistanpur village under Dadri tehsil of Greater Noida. The transaction had taken place in 2008. The court said that while planned industrial development was promised, the government had sold the farmland to builders. On May 31, the HC again ordered a stay on the acquisition of a 32hectare tract in Bisrakh, Jalalpur and Devla in Greater Noida. "The cases of Bisrakh Jalalpur, Patwadi, Khera Chauganpur, Khairpur Gujjar, Tushyana, Amnabad, Shahberi, Saini, Haibatpur, Itehda, Roja Yakubpur, Chipyana Khurd, Devla, Yusufpur and many more villages are in the HC. The next hearing in the Padwadi and Devla matters will be held on July 11 and 12. Other cases are also slated to come up soon," he said. Noida Extension: Confusion continues to cloud the process to work out an out-of-court settlement in Noida Extension. 16Talks between the authority and farmers have already failed. Five Noida Extension villages on Tuesday formed a 55-member committee to represent farmers during negotiations with the Greater Noida authority for an out-of-court settlement. These villages include Itaidha, Bisrakh, Patwari, Haibatpur and Roza Yakoobpur. These villages have also forwarded their charter of demands. Farmers of 11 Noida Extension villages have moved court, seeking quashing of land acquisition. Deadline for this ends on August 12. The High Court will hear all related matters on August 17. Meanwhile on Tuesday, around 50 farmers from village Itaidha and Haibatpur held a meeting with Greater Noida ACEO Vimal Chand Sharma and DCEO Akhilesh Singh at the authority office. Farmers told the officers that they were ready for negotiations if their abadi land was left out of the acquisition process.

Mayawatis land acquisition

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3/8/2011 The Hindustan Times (Noida Extension farmers form panel)

Displaying political savvy and deft timing, Uttar Pradesh chief minister Mayawati coolly reversed her government's land acquisition policy on Thursday.17 It restricts the government's role in land acquisitions to that of a "facilitator". Land has to be acquired by developers directly from farmers at market rates.

Land Acquisition policy of September 3, 2010 The government to acquire land and hand it over to the companies. Pay Rs. 96,000 per acre as rehabilitation subsidy Pay Rs.20, 000 per acre per annum for 33 years. This annuity to increase by Rs. 600 p.y The farmers had the option to hold 25 per cent land with them The Landowner was entitled to 7 per cent of the acquired land for residential purposes If a housing scheme is implemented on the land acquired by the authority, 17.5% reservation was applicable for the affected farmers.

Land Acquisition policy of June 2, 2011 The state government to act only as a facilitator by notifying the land Land price to be fixed on mutual agreement between farmers and the company. The farmers to be entitled to Rs. 23,000 per acre annually for 33 years. This amount to increase by Rs.800 per year If a farmer doesnt want to avail this facility, ten he would be entitled for one time Rs.2.76 lakh per acre After development, 16 % of the land to be returned to the farmer which they can again sell to the developer The company to build a Kisan Bhawan and a model school in affected villages

The farmers will also get back a share of land after development. Importantly, they will also get an enhanced annuity, over and above the sale price. Comparison between Land acquisitions policies of September 2010 and June 201118 The annuity will come as a yearly payment for 33 years, at the rate of Rs 23,000 per acre of acquired land. This will ensure that, apart from compensation for the asset (land), the farmer also gets compensated for lost livelihood, which will span at least one generation. "Under the new policy, the state government would only be involved in notifying and earmarking the boundary of the land. But the price of the land and other modalities would be decided by the buyers and the sellers," she said at a press meet.

3/6/2011 India Today (Mayawati land policy: UP CM upsets Rahul's 'mission UP' plan with pro-farmer land policy)
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3/6/2011 Mail Today (Clever Maya outwits CONG on land buys)

Since the new policy will not be implemented with restrospective effect, it will not benefit the farmers of places like Bhatta Parsaul, Yamuna Expressway, and Bara and Karchana in Allahabad district 19 Comments: Success Story: Chandauli is a success story of agitation Agitation: Greed: Court order: The Supreme Court on Monday criticised the Uttar Pradesh government for acquiring prime agricultural land to build luxury flats in Greater Noida and questioned the invoking of an urgency clause that bars farmers from raising objections. It noted it would step in to prevent more Nandigrams. Counsel for Greater Noida Industrial Development Authority contended that the acquisition was part of its well known 2021 plan, called the Industrial Development Plan. It was a generic term that included commercial and residential use, he said. The Bench, however, asked the Authority as to whether efforts were made at all by it to find any other land which is not in agricultural use. It said the acquisition of land in Greater Noida for residential apartments, which was done after invoking Section 17 of the Land Acquisition Act and depriving the aggrieved persons of filing their objections on the ground that the matter was urgent, was a colourable exercise of power. On May 12 and May 15, it quashed the acquisition of more than 170 hectares in Gautam Budh Nagar district. n three judgments delivered since early 2011, the Supreme Court has put state governments in the dock for their abuse of the notion of public purpose in acquiring land and for using emergency provisions in the law to deny farmers their right to object to acquisition. In quashing land acquisition in three cases, the apex court has chosen to raise fundamental issues relating to the right to life as guaranteed under Article 21. On 7 March 2011, justices G S Singhvi and A K Ganguly set aside land acquisition proceedings by the Government of Uttar Pradesh (UP) for a jail in Sahranpur; on 15 April 2011, the same bench also set aside the proceedings for acquiring land in Greater Noida in UP in the name of planned industrial development; on 6 July 2011, the bench, once again, set aside acquisition in the
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3/6/2011 Indian Express (Mayas new land Policy)

Greater Noida Extension Area (GNEA) in Gautam Buddha Nagar district of UP. In all cases, the apex court came down heavily on the state governments decision to invoke Section 17 (1) of the Land Acquisition Act, 1894 and thus dispense with an enquiry as required under Section 5-A of the same Act. The colonial 1894 Act is the basis on which private land is acquired by the government in the name of public purpose and Section 17 of this Act provides for acquisition in an emergency, with the landowner deprived of the right to register his objections as laid out under Section 5-A. In all the three cases, the state government had used the emergency provision and defended the decision on the ground that it was necessary to overcome delays in acquisition. The Government of Uttar Pradesh is not the only one to use the 1894 Act in this manner. A number of state governments have used Section 17 of the 1894 Act to acquire land. In their most recent judgment on acquisition in the GNEA, where the land that was acquired under Section 17 of the 1894 Act was promptly handed over to a host of private developers and builders, the judges have spoken of the nexus between using the excuse of an emergency to acquire land and the vested interests driving the process. The land in this instance was initially acquired for industrial development and later allotted for housing purposes. The judicial rulings, the review of the reasons for acquisition, and the process mark a significant shift from the position in the past that the courts would not delve into the actual use that the acquired land is put to and that an enquiry into the specifics of the public purpose is best left to the executive. Way ahead:

The Allahabad High Court on Friday referred to a larger Bench petitions filed by farmers from Uttar Pradesh Chief Minister Mayawati's ancestral village challenging acquisition of their land by the State Government. The judgment was passed in the morning by a Division Bench comprising Justice Amitava Lala and Justice Ashok Srivastava on writ petitions filed by about 50 farmers from Badalpur village, who had challenged acquisition of 230 hectares of land in 2008. The same Bench had on July 26 referred all petitions challenging land acquisition by the UP Government in Noida and Greater Noida areas to the Chief Justice with the request that a larger Bench be constituted for deciding the matter. The larger Bench is expected to hear the cases on August 17. The petitioners have alleged that their land was acquired by invoking the urgency clause for development of Greater

Noida area, depriving them of an opportunity to raise objections or bargain for adequate compensation. Besides, they have alleged, exemption from acquisition was granted to some influential landowners in a discriminatory fashion. A Division Bench had on July 26 released a bunch of petitions whereby acquisition of nearly 3,000 20hectares of land spread across a dozen villages was challenged and referred the matter to the Chief Justice with a request to constitute a larger Bench for deciding the matter. The petitions of Badalpur farmers were filed a day later, July 27.

http://radicalnotes.com/journal/2011/03/09/supreme-court-on-the-urgencyclause-in-the-land-acquisition-act/

http://supremecourtcaselaw.com/latest.asp

http://elegalix.allahabadhighcourt.in/elegalix/AllHeadLines.do

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30/7/2011 The Hindu (larger bench to consider farmers petitions)