Supreme Court Upholds Land Acquisition for Yamuna Expressway Project

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The Supreme Court, on November 26, upheld the land acquisition proceedings initiated under the Land Acquisition Act, 1894, for the Yamuna Expressway Industrial Development Authority (YEIDA) project in Gautam Budh Nagar, Uttar Pradesh. A bench of Justices B.R. Gavai and Sandeep Mehta validated the State’s decision to invoke urgency provisions under Sections 17(1) and 17(4) of the Act, bypassing objections under Section 5-A.

Key Highlights of the Judgment:

  1. Batch of Appeals: One set of appellants (landowners) challenged the 2010 Allahabad High Court judgment in Kamal Sharma v. State of U.P., which upheld the acquisition based on urgency provisions. Another set of appellants (YEIDA) challenged the High Court decision in Shyoraj Singh v. State of U.P., which quashed the acquisition for improper invocation of urgency.
  2. Integrated Development Justified:
    The Court emphasized that the Yamuna Expressway is not just a highway but a catalyst for the integrated development of adjacent lands, including residential, commercial, and industrial areas. It linked the project to the broader objectives of regional growth, including connectivity to the upcoming Jewar Airport. The bench observed:
    “A project of such magnitude and enormity would definitely require the involvement of adjoining areas, leading to the overall development of the State of Uttar Pradesh at large.”
  3. Precedential Authority: The Court relied on its earlier judgment in Nand Kishore Gupta v. State of Uttar Pradesh (2010), which supported land acquisition under urgency clauses for integrated projects. It declared the judgment in Shyoraj Singh as per incuriam, as it overlooked the binding precedents set in Kamal Sharma and Nand Kishore Gupta.
  4. Public Interest and Urgency Clause:
    The Court upheld the invocation of Sections 17(1) and 17(4) of the Act, observing that integrated development of land parcels with the Expressway serves public interest and justified bypassing the inquiry under Section 5-A. The judgment stated:
    “The Expressway and the development of adjoining lands are inseparable components of the overall project, promoting public growth.”

Outcome:

Appeals by landowners (Batch 1) were dismissed. Appeals by YEIDA (Batch 2) were allowed, affirming the legality of the acquisition under urgency provisions.

Case Details:

Title: Kali Charan & Ors. v. State of U.P. & Ors. (and connected matters)

This ruling strengthens the precedence of urgency provisions in land acquisitions for large-scale infrastructure projects, emphasizing their role in regional and national development.

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