Providing huge relief to thousands of homebuyers who have invested their money in Greater Noida-West projects, the Allahabad High Court has dismissed a petition from some farmers of Patwari who had demanded their land back from the Greater Noida Industrial Development Authority (GNIDA).
Acting on a petition filed by Yatendra Kumar and two others, a division Bench of Justice Amreshwar Pratap Sahi and Justice Vivek Kumar Birla in its judgment delivered on Tuesday clarified that the farmers cannot claim return of their land on the basis of Harkaran Singh judgment.
In the Harkaran Singh Judgment, the High Court has quashed the acquisition; however the larger Bench has confined the Harkaran Singh judgment to the petitioners.
The court took note of larger Bench Judgment in which it was clearly mentioned that if declaration was quashed by any court, it would only ensure to the benefit of those who had approached the court. It would certainly not extend the benefit to those who had not approached the court. In the said paragraphs of the larger Bench judgment, the reference was drawn of a case titled Om Prakashvs Union of India and in the said judgment, the Supreme Court had held that only those petitioners who came before the court can be granted the relief.
The Bench disagreed with the farmers’ claim and held that the impact of Harkaran Singh and Others Vs. State of U.P. and others which was under reference before the larger Bench was squarely dealt with by the larger Bench along with the issue relating to those farmers who had filed petitions that were dismissed earlier and also of those farmers who had not filed their petitions.
The division Bench also took note of the recent judgment passed in the case of Pushpa Yadav and Another Vs. State of U.P. and Others wherein the another division Bench of the High Court had dismissed the writ petition of the farmers who have filed their writ on the grounds of Harkaran Singh case and said that even those farmers of Harkaran Singh Batch who had taken compensation/ additional compensation had no case for any claim for return of their acquired land.
After the latest order to the High Court, farmers now cannot seek return of Patwari land which has been acquired by the state Government for planned development of Noida and laterallotted to developers.
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