Court affirms public purpose of project, validates consent and rehabilitation measures under Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013
In a significant judgment dated April 28, 2026, the Allahabad High Court (Division Bench comprising Justices Mahesh Chandra Tripathi and Kunal Ravi Singh) dismissed challenges to the land acquisition process for the expansion of Noida International Airport at Jewar, Gautam Buddha Nagar district. The writ petitions filed by Vijay Pal Singh and twelve others contested notifications issued under Sections 11 and 19 of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (hereinafter the Act, 2013), primarily questioning the displacement of village abadi land and alleged procedural irregularities.
The Court meticulously examined the entire acquisition process, including the Social Impact Assessment (SIA), consent of affected families, public hearings, objections disposal, Rehabilitation and Resettlement (R&R) Scheme, and compensation awards. It found that the acquisition was undertaken for a valid public purpose - the expansion of a national infrastructure project critical to the National Capital Region - and that the statutory provisions of the Act, 2013 and associated Rules, 2016 were scrupulously followed.
Key findings included:
- The SIA process was conducted in compliance with Sections 4 to 8 of the Act, with public hearings held in affected villages and an Expert Group unanimously approving the SIA report, confirming the necessity and minimal extent of land acquisition.
- The mandatory prior consent of at least 70% of project-affected families for this public-private partnership (PPP) project was obtained, with consent recorded at 73.02%, satisfying Section 2(2)(b)(ii) of the Act.
- Objections filed under Section 15 were given personal hearings by the Collector, who passed reasoned orders dismissing objections beyond the statutory scope. The State Government approved these decisions, rendering them final.
- The R&R Scheme was duly prepared, published, and approved prior to the Section 19 declaration. It provides displaced families with developed residential land, employment or financial options, subsistence and transportation allowances, and special assistance for Scheduled Castes and Scheduled Tribes.
- Compensation awards have been passed at fair market value plus solatium and interest, with disbursement underway. The Court emphasized statutory remedies under Section 64 for any compensation disputes.
- The acquisition does not violate food security provisions under Section 10 of the Act, as the acquisition area remains within notified limits, and no substantive evidence was presented that irrigated multi-cropped land was improperly acquired.
- Allegations that the acquisition process should have been governed by the U.P. Industrial Area Development Act, 1976, were rejected, with the Court noting that acquisition under the Act, 2013 is valid and applicable.
- The Court underscored that the right to property under Article 300-A of the Constitution is subject to lawful acquisition following due process, which was satisfied in this case.
The Court further directed strict adherence to the undertaking that possession of abadi land will not be taken until developed plots under the R&R scheme are handed over to displaced families, ensuring protection of their rights.
This judgment reaffirms the balance between individual property rights and the larger public interest in infrastructure development, emphasizing that statutory procedures must be faithfully observed. It clarifies that challenges to procedural compliance must be based on concrete evidence, and that compensation disputes should be resolved through statutory mechanisms rather than writ petitions.
Bottom Line:
Acquisition of land for the expansion of Noida International Airport upheld after strict compliance with statutory provisions under the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013, including Social Impact Assessment, consent of affected families, fair compensation, and comprehensive Rehabilitation and Resettlement Scheme.
Statutory provision(s): Sections 2, 4, 5, 7, 8, 10, 11, 14, 15, 16, 18, 19, 23, 26, 30, 31, 38, 45, 46, 64 of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013; Rules 3, 7, 10, 11, 13, 14, 15, 16, 18, 20, 22, 23, 24, 27 of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement (Uttar Pradesh) Rules, 2016; Article 300-A of the Constitution of India; U.P. Industrial Area Development Act, 1976.
Vijay Pal Singh v. State of U.P., (Allahabad)(DB) : Law Finder Doc id # 2889911
