# Vijay Pal Singh & Ors v. State of U.P. & Ors

- **Citation:** (2026) 4 ILRA 435
- **Court:** High Court of Judicature at Allahabad
- **Decided:** 2026-04-24
- **Case number:** Writ C No. 41339 of 2025
- **Bench:** Mahesh Chandra Tripathi, Kunal Ravi Singh
- **Source:** https://unisonlegal.in/judgment/allahabad-high-court/vijay-pal-singh-ors-v-state-of-u-p-ors-54512
- **Pages:** 46

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4 All. Vijay Pal Singh & Ors. Vs. State of U.P. & Ors.
435
(2026) 4 ILRA 435
ORIGINAL JURISDICTION
CIVIL SIDE
DATED: ALLAHABAD 24.04.2026

BEFORE

THE HON'BLE MAHESH CHANDRA TRIPATHI, J.
THE HON'BLE KUNAL RAVI SINGH, J.

Writ C No. 41339 of 2025
Along with
Other Connected Cases

Vijay Pal Singh & Ors. ...Petitioners
Versus
State of U.P. & Ors. ...Respondents
ISSUE FOR CONSIDERATION
Whether the notifications issued under Sections 11 and 19 of the Right to Fair Compensation and
Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 for acquisition of land, including
village abadi, for expansion of the Noida International Airport, Jewar, were liable to be quashed on the
grounds that: (i) the acquisition could not be undertaken under the Act, 2013 after the villages had been
declared Industrial Nagar under the U.P. Industrial Area Development Act, 1976; (ii) the mandatory
requirement of obtaining consent of at least 70% of affected families for a Public-Private Partnership project
was not satisfied; (iii) the Social Impact Assessment process and Expert Group recommendations were not
duly complied with; (iv) the statutory procedure under Sections 11, 12, 15, 16, 17 and 19 of the Act, 2013
was violated; (v) additional land and village abadi were included without due acquisition proceedings; (vi)
Section 10 relating to food security and acquisition of irrigated multi-cropped land was breached; and (vii) the
acquisition violated the constitutional protection of property under Article 300-A of the Constitution.
HEADNOTE
Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and
Resettlement Act, 2013 - ss.2(2), 4, 5, 7, 10, 11, 12, 15, 16, 17, 19 - Constitution of India -
Art.300-A - U.P. Industrial Area Development Act, 1976 - Acquisition of land including village
abadi for expansion of Noida International Airport, Jewar under a Public-Private Partnership
project - Challenge to notifications under ss.11 and 19 - Grounds urged: (i) villages having been
declared Industrial Nagar under the Act, 1976, acquisition could only be undertaken by YEIDA under that
enactment and not under the Act, 2013; (ii) mandatory consent of at least 70% of affected families under
s.2(2)(b)(ii) was not obtained; (iii) Social Impact Assessment proceedings were arbitrary and public hearing
was not properly conducted; (iv) recommendation of the Expert Group for re-survey of affected villages was
ignored; (v) notification under s.11 was issued without compliance with mandatory requirements under ss.11,
12 and 15 and proceedings under ss.15 and 16 were conducted simultaneously; (vi) village abadi and
additional land were included in the declaration under s.19 without prior acquisition proceedings and without
consideration of objections; (vii) acquisition involved irrigated multi-cropped land in violation of s.10 relating
to food security; and (viii) deprivation of property without strict compliance with statutory safeguards violated
Art.300-A.
436 INDIAN LAW REPORTS ALLAHABAD SERIES
Held: 1. Nature And Importance Of The Project: Public Purpose - Expansion of Noida
International Airport being a project of national importance intended to generate employment,
economic development and tourism, the declaration of public purpose could not be said to be
arbitrary or colourable exercise of power. (Para 6.1)
2. Statutory Scheme - Private Company Versus Public-Private Partnership Projects: The Airport Project is
structured as a public-private partnership project being implemented through NIAL (a State company) with
the private operator YIAPL, a wholly owned subsidiary of Zurich Airport International AG. The consent
threshold applicable is accordingly 70% of the project affected families. (Para 6.2.4)
3. SIA Process - Compliance Examined: Section 5 of the Act, 2013 governs the conduct of a public hearing at
the stage of Social Impact Assessment. Under Section 5, the purpose of the public hearing is limited to
ascertaining the views of the affected families to be recorded in the SIA Report; the Act does not contemplate
adjudication of individual objections at the SIA stage. Court held that the SIA process was duly conducted in
accordance with Sections 4 to 8 of the Act, 2013 and the Rules, 2016. The Expert Group's suggestion for
exploring the possibility of minimising displacement was acted upon through PwC, which confirmed the
technical unavoidability of relocation. (Para 6.3.4).
4. Consent - Satisfaction of Statutory Threshold: The statutory unit for computing consent is the
"affected family" as defined under Section 3(c) of the Act, 2013, and not village-wise landholdings or
individual voters. Court held that where certain families holding land in more than one revenue village had
been counted multiple times, such duplication was liable to be removed. Upon removal of the duplication, the
corrected data established that 73.02% of the project-affected families had given consent, which was
well above the mandatory 70% threshold prescribed under Section 2(2)(b)(ii) of the Act, 2013. (Para
6.4.2).
5. Expression "affected families" is of wide amplitude and is not confined merely to landowners whose land is
acquired, but also includes all such families whose livelihood or rights are adversely impacted by the
acquisition, including agricultural labourers, tenants, share-croppers, artisans, forest dwellers, persons
dependent on forest or water resources, beneficiaries of Government land allotments, and even families
residing in urban areas whose livelihood is affected. For the purposes of obtaining consent under Section 2(2),
the statute mandates that the requisite percentage is to be computed with reference to this broader category
of affected families and not merely the recorded tenure holders. (Para 6.2.3)
6. Hearing Of Objections Under Section 15 - Section 15 of the Act, 2013 r/w Rule 23 of the Rules, 2016
prescribes the procedure for hearing of objections filed u/s 15 of the Act, 2013 to the proposed acquisition.
Any person interested in the land may raise objections within sixty days from the date of publication of the
preliminary notification issued under Section 11(1). The objections may relate to the suitability and extent of
land, the justification of public purpose, and the findings of the Social Impact Assessment Report. Such
objections are to be considered by the Collector after affording an opportunity of personal hearing,
including through an authorised representative or advocate. The objections must be heard by the Collector
personally and not delegated. The Collector is required to conduct the necessary inquiry and submit a report
with recommendations, along with the record of proceedings and relevant details, to the appropriate
Government. The final decision on such objections rests with the appropriate Government. In the instant case,
the Court found that notices were duly issued under Rule 23 of the Rules, 2016 fixing the date for hearing of
objections. Public notice was published in newspapers and local public announcements were made. The
petitioners were afforded a personal hearing. After due consideration, the Collector passed a reasoned order
dismissing the objections on the ground that they fell outside the limited statutory scope of Section 15(1).
The Collector's report was forwarded to and approved by the State Government under Section 15(3). The
Court found no infirmity in the procedure followed under Section 15 of the Act, 2013. (Para 6.6.2)
7. Parallel Conduct Of Proceedings Under Sections 15 And 16: The Court rejected the petitioners'
contention that initiation of proceedings under Section 16 prior to disposal of objections under Section 15
constitutes an illegality. A harmonious reading of Sections 15, 16, 18, and 19 of the Act, 2013 leads to the
conclusion that these provisions are designed to operate concurrently and not in a strictly sequential manner.
(Para 6.7.2)
8. R&R Scheme - Adequacy And Compliance: Rehabilitation & Resettlement Scheme provided a
comprehensive package including allotment of developed residential land (50% of existing landholding,
minimum 50 sq. mtrs., maximum 500 sq. mtrs.), employment option or lump sum of Rs. 5,00,000/- or annuity
4 All. Vijay Pal Singh & Ors. Vs. State of U.P. & Ors.
437
of Rs. 2,000/- per month for 20 years, subsistence allowance, transportation allowance, resettlement
allowance, and special assistance for SC/ST families, all in accordance with the Act, 2013. The petitioners'
objections were specifically recorded and addressed in the draft R&R Scheme dated 14.07.2025. (Para 6.8)
9. Section 19 Declaration - No Expansion Of Acquisition: Court rejected the petitioners' contention that Gata
Nos. 365 to 671 were added for the first time in the Section 19 notification, covering an additional area of
78.6776 hectares for which no prior acquisition proceedings had been initiated. The Court held that a plain
reading of Section 19(2) makes it evident that the declaration under Section 19(1) is required to be
accompanied not only by the summary of the Rehabilitation and Resettlement Scheme but also by an
indication of the area required for the resettlement of the affected families. The Court further held that the
land identified in Schedule-B of the impugned Section 19 Declaration, admeasuring 437.9931 hectares (of
which 78.6776 hectares pertained to the petitioners' village), was included solely as the identified resettlement
area for displaced families in compliance with Section 19(2) and did not form part of the land proposed to be
acquired for the airport expansion project under Section 19(1). Identification of land for R&R purposes under
Section 19(2) is a distinct statutory obligation and does not constitute acquisition of such land under Section
19(1). The acquisition of the 437.9931 hectares identified for R&R purposes shall be undertaken only through
a separate and independent acquisition process in accordance with the Act, 2013. (Para 6.9.1)
10. Section 10 - Food Security: Section 10 of the Act, 2013 provides special provisions to safeguard food
security. It imposes a general prohibition on the acquisition of irrigated multi-cropped land, except in
exceptional circumstances as a last resort and subject to limits to be notified by the appropriate Government.
The State Government had notified 5% of the net sown area as the applicable limit for District Gautam
Buddha Nagar. The net sown area of the district was 64,046 hectares, and the total acquisition across all
stages in the district did not exceed the notified limit of 5%. The Court held that the requirement of Section
10(4) accordingly stood satisfied. As far as Section 10(3) is concerned, that provision is triggered only when
irrigated multi-cropped land is acquired. In the instant case, the petitioners could not place any specific
material on record to establish that the land being acquired was irrigated multi-cropped land within the
meaning of Section 10(1).
11. Expert Group's Report: Interference by the Court is warranted only if the Expert Group recommends
abandonment under Section 7(4) and the Government proceeds in defiance of that recommendation. In the
instant case, the Expert Group expressly did not make any recommendation under Section 7(4) for
abandonment of the acquisition. The Court held that the petitioners' suggestion that the Expert Group
recommended that Villages Thora and Neemka should be kept free from displacement was a misreading of
the record. The Expert Group merely suggested that the possibility be explored, upon which PwC conclusively
confirmed the unavoidability of relocation. No recommendation under Section 7(4) was made. (Para 6.11.1)
12. Rule 13 of the Rules, 2016 - Minimum Land Acquisition and Utilisation of Government Land: The MultiDisciplinary Expert Group specifically recorded in its report that the total proposed acquisition area of
1,888.9088 hectares constituted the bare minimum requirement for the project and that no viable alternative
existed which would result in lesser acquisition or displacement. The Court rejected the ground regarding
violation of Rule 13 of the Rules, 2016. (Para 6.11.3)
13. Challenge Based on the U.P. Industrial Area Development Act, 1976: Declaration of an area as an
industrial township does not, in law, bar the exercise of acquisition powers under the Act, 2013 for a distinct
public purpose. Section 6 of the Act, 1976 itself contemplates the acquisition of land either by agreement or
through proceedings under the land acquisition law in force. (Para 6.12)
14. Article 300-A - Right to Property - Though no longer a fundamental right, the right to property remains a
constitutional right protected under Article 300-A. However, the right is subject to the State's power of
eminent domain. Where acquisition is undertaken under a valid law and in compliance with the statutory
safeguards prescribed under the Act, 2013, deprivation of property cannot be said to violate Article 300-A.
(Para 6.13)
15. Petitioners' Urgency Clause Argument: Section 40 of the Act, 2013 provides a special urgency
procedure for acquisition by the appropriate Government, enabling the Collector to take possession of land
even before the award is passed. The Court noted that the acquisition in the present case was not carried out
under the urgency provisions of Section 40. On the contrary, the entire acquisition was undertaken through
the normal, full, and complete procedure prescribed under the Act, 2013. No urgency clause was invoked, and
438 INDIAN LAW REPORTS ALLAHABAD SERIES
the statutory procedure was followed without any curtailment of the petitioners' rights at any stage. (Para
6.14)
16.Quashing of Acquisition - An acquisition undertaken for the benefit of the public at large is not to be
lightly quashed. Extraordinary reasons must exist for doing so. The Government's declaration of public
purpose is final and ordinarily not justiciable; judicial review is confined to cases of fraud or colourable
exercise of power. Once a public project has substantially progressed or been completed, the appropriate
relief is compensation rather than quashing the acquisition. Court held that an affected landowner
aggrieved by the determination of compensation is at liberty to avail the remedy of reference
before the competent Reference Authority under Section 64 of the Act, 2013. The Act, 2013
provides a complete statutory mechanism for compensation disputes through Section 64
(Reference to the Authority) and Section 74 (Appeal to the High Court). Writ jurisdiction is not
the appropriate forum for redressal of grievances relating to the adequacy of compensation or
the rate of market value. (Paras 6.18.1, 6.21.1, 6.21.4, 6.21.7, 6.21.8, 6.21.9)
17. Court held that the acquisition process pursuant to the impugned notifications dated 11.04.2025 (under
Section 11) and 24.10.2025 (under Section 19) of the Act, 2013 was conducted in full and meticulous
compliance with every stage prescribed under the Act, 2013 and the Rules, 2016. The notifications under
Sections 11 and 19, the record of hearings under Section 15, the approved R&R Scheme under Section 18,
and the awards under Section 23 were all duly documented and placed before the Court. Court held that the
petitioners' contention that abadi land was proposed for acquisition without any spot inspection was factually
incorrect. The competent authority had conducted surveys in all three villages, wherein existing structures,
abadi, buildings, wells, tube wells, trees, and other assets were identified, verified, and recorded in the
statutory survey documents in Form-11 under the Rules, 2016. (Paras 6.15, 6.17)
18. Court declined to interfere with the acquisition proceedings. However, it directed that
possession of the abadi land of displaced families shall not be taken until: (i) full development of
the rehabilitation site; (ii) measurement of the existing abadi area of each affected family; (iii)
carving out of developed plots in accordance with the approved R&R Scheme; and (iv) passing of
the R&R Award under Section 31 of the Act, 2013 and actual handing over of the developed plots
to the displaced families. (E-5)
CASE LAW CITED
Kichhu Ram and Another v. State of U.P. and 5 Others, 2019 SCC OnLine All 5071 (Writ-C No. 6499 of
2019, decided on 08.04.2019);
D.B. Basnett (D) through LRs. v. The Collector and Another, East District, Gangtok, Sikkim and
Another, [2020] 4 SCR 513;
Kolkata Municipal Corporation and Another v. Bimal Kumar Shah and Others, [2024] 5 SCR 831;
Ramniklal N. Bhutta and Another v. State of Maharashtra and Others, AIR 1997 SC 1236;
Smt. Somawanti and Others v. State of Punjab and Others, AIR 1963 SC 151;
Daulat Singh Surana v. First Land Acquisition Collector and Others, (2007) 1 SCC 641;
Whirlpool Corporation v. Registrar of Trade Marks, Mumbai and Others, (1998) 8 SCC 1;
Veena Singh v. Union of India and 3 Others, 2026 (1) AWC 725;
Competent Authority v. Barangore Jute Factory and Others, (2005) 13 SCC 477.

List of Acts
Constitution of India;
Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013;
Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement (Uttar
Pradesh) Rules, 2016;
U.P. Industrial Area Development Act, 1976.
List of Keywords
4 All. Vijay Pal Singh & Ors. Vs. State of U.P. & Ors.
439
Land Acquisition; Noida International Airport; Jewar Airport Expansion; Public-Private Partnership Project;
Public Purpose; Social Impact Assessment; Social Impact Management Plan; Expert Group; Consent of
Seventy Per Cent Affected Families; Definition of Affected Family; Section 2(2); Section 3(c); Section 4;
Section 5 Public Hearing; Section 7 Expert Group; Section 8 Approval; Section 10 Food Security; Section 11
Preliminary Notification; Section 14 Limitation; Section 15 Objections; Section 16 Rehabilitation and
Resettlement Scheme; Section 18 Approval of R&R Scheme; Section 19 Declaration; Section 23
Compensation; Section 26 Market Value; Section 30 Solatium; Section 31 R&R Award; Section 38 Taking
Possession; Rehabilitation; Resettlement; Village Abadi; Irrigated Multi-Cropped Land; Parallel Proceedings;
Statutory Compliance; Article 300-A; Right to Property; Judicial Review; Infrastructure Project; National
Importance; Procedural Safeguards; Suppression of Material Facts.
CASE ARISING FROM
Challenge to the notifications dated 11.04.2025 issued under Section 11 and dated 24.10.2025 issued
under Section 19 of the Right to Fair Compensation and Transparency in Land Acquisition,
Rehabilitation and Resettlement Act, 2013, pertaining to acquisition of land for Stage-2, Phase-2 and
Phase-3 expansion of Noida International Airport, Jewar, District Gautam Buddha Nagar, Uttar Pradesh.
Appearances for Parties
Advs. for the Petitioner: Mahesh Chand Sharma

Advs. for the Respondents: Aditya Bhushan Singhal, C.S.C
(Delivered by Hon'ble Mahesh Chandra Tripathi, J.)

A. APPEARANCE OF COUNSEL:-

1. Heard Shri Mahesh Chand Sharma, learned counsel for the petitioners, Shri Devesh
Vikram, learned Additional Chief Standing Counsel and Shri Fuzail Ahmad Ansari, learned
Standing Counsel, both for the State-respondents and Shri Rahul Agarwal, learned Senior Counsel
assisted by Shri Abhay Pratap Singh and Shri A.B.Singhal, learned counsel for the respondent -
Yamuna Expressway Industrial Development Authority.

1.1. All the aforesaid writ petitions, being Writ-C No. 41339 of 2025, Writ-C No. 41467 of
2025 and Writ-C No. 46238 of 2025, raise a common challenge to the notifications dated
11.04.2025 issued under Section 11 of the Right to Fair Compensation and Transparency in Land
Acquisition, Rehabilitation and Resettlement Act, 2013 and dated 24.10.2025 issued under Section
19 of the Act, 2013, pertaining to the acquisition of land for the expansion of the Noida
International Airport, Jewar, District Gautam Buddha Nagar. The facts and the questions of law
arising in all three writ petitions are substantially similar and interlinked. With the consent of the
learned counsel appearing for all the parties, all the three writ petitions were heard together
analogously and are being disposed of by this common judgment. It is clarified that for the purpose
of brevity, the facts as narrated hereinafter are drawn mainly from Writ-C No. 41339 of 2025, since
the facts in all the writ petitions are similar and the narration of facts in one petition sufficiently
440 INDIAN LAW REPORTS ALLAHABAD SERIES
represents the factual matrix common to all. Wherever facts specific to Writ-C No. 41467 of 2025
or Writ-C No. 46238 of 2025 are material and distinct, the same have been noted separately.

B. PRAYER:

2. The aforenoted writ petitions have been preferred praying, inter alia, for a direction in the
nature of certiorari to quash the notifications under Sections 11 and 19 of the Act, 2013 dated
11.04.2025 and 24.10.2025 respectively, in so far as they relate to the displacement of village abadi
of Industrial Nagar - Village Neemka Shahjahanpur Khas, Village Khawajpur and Village Thora,
Tehsil Jewar, District Gautam Buddha Nagar; and for writs of mandamus restraining the
respondents from proceeding further with the displacement of the said abadis. The petitioners have
also prayed for a direction to the respondents to decide the representations filed by them at various
stages of the acquisition proceedings, within a time fixed by this Court.

C. FACTS OF THE CASE:-

3. Before adverting to the submissions advanced by the parties, it is necessary to set out the
factual background of the present matter as emerging from the record.

3.1. The Government of Uttar Pradesh earmarked approximately 5,000 hectares of land for the
development of the Noida International Airport at Jewar, District Gautam Buddha Nagar. The State
Cabinet approved the acquisition of the said land in multiple phases. The Airport Project is
envisaged as an integrated aviation hub with modern, technology-driven infrastructure and
adequate land reserves to enable its systematic and long-term development. The project is expected
to promote regional economic growth, generate employment for the local population, strengthen
manufacturing and export sectors, and promote tourism, having regard to the proximity of Jewar to
Vrindavan, Mathura, and the Taj Mahal. The total acquisition undertaken for the Airport Project
comprises three stages: (a) Stage-1, covering land admeasuring 1,239.1416 hectares; (b) Stage-2,
Phase-1, covering land admeasuring 1,181.2793 hectares; and (c) Stage-2, Phase-2 and Phase-3
(the present acquisition), covering land admeasuring 1,857.8871 hectares.

3.2. The Airport Project is being implemented on a public-private partnership model on a
design, build, finance, operate and transfer basis. The State Government resolved to implement the
project through Noida International Airport Limited, a State company, with shareholding
distributed as follows: State Government (37.50%), NOIDA (37.50%), Greater NOIDA (12.50%),
and YEIDA (12.50%). NIAL invited bids for the development, operation, and maintenance of the
project, and Zurich Airport International AG emerged as the successful bidder. ZAI thereafter
incorporated Yamuna International Airport Private Limited as its wholly owned subsidiary. On
07.10.2020, NIAL entered into a concession agreement with YIAPL for design, build, finance,
operate and transfer of the Noida International Airport for a concession period of 40 years.

3.3. Under Stage-1, land admeasuring 1,239.1416 hectares was acquired from six villages,
namely Dayanatpur, Rohi, Parohi, Ranhera, Kishorepur, and Banwaribas, and construction of the
airport is presently underway on this land. The Stage-1 acquisition affected approximately 8,971
families, out of which approximately 3,627 families from Villages Dayanatpur, Rohi, and
4 All. Vijay Pal Singh & Ors. Vs. State of U.P. & Ors.
441
Kishorepur were displaced. Land admeasuring 48.0970 hectares was identified as a rehabilitation
site in the Jewar Bangar area, and a Rehabilitation and Resettlement Scheme (Stage-1 R&R
Scheme) was framed and finalised on 31.12.2018. The rehabilitation land was developed into seven
sectors, in which 3,074 plots were allotted to the displaced families. The said sectors are
established residential areas equipped with basic civic infrastructure. Compensation was paid under
Section 23 of the Act, 2013 and possession was taken after compliance with Section 38, and in the
case of displaced families, only after completion of the implementation of the Stage-1 R&R
Scheme. No development charges were levied on any landowner; the Authority developed the plots
at its own cost; and stamp duty and registration charges for execution of conveyance documents
were borne by the concerned authorities, without imposing any cost upon the displaced farmers.

3.4. For the Stage-2, Phase-1 expansion, the Civil Aviation Department, Government of Uttar
Pradesh, proposed the acquisition of an additional 1,181.2793 hectares of land from six villages in
Tehsil Jewar, District Gautam Buddha Nagar, namely Karauli Bangar, Dayanatpur, Kurab,
Ranhera, Mudharh, and Birampur. The land acquisition process under the Act, 2013 stands
completed and partial possession of the acquired land has already been transferred to the
Respondent Authority - YEIDA. Approximately 20,024 families were affected, out of which about
12,863 families were displaced. A Draft Rehabilitation and Resettlement Scheme for the Stage-2,
Phase-1 displaced families was approved by the Commissioner, Rehabilitation and Resettlement,
on 13.03.2023, and approximately 189.7622 hectares of land across multiple sites was designated
for rehabilitation and resettlement purposes. The implementation of this scheme is presently
underway.

3.5. The present writ petitions relate to the acquisition being carried out under Stage-2, Phase2 and Phase-3 of the Airport Project. The acquisition pertains to fourteen villages in Tehsil Jewar,
District Gautam Buddha Nagar, namely Thora, Neemka Shahjahanpur, Khawajpur, Ramner,
Kishorepur, Banwaribas, Parohi, Mukimpur Shivara, Jewar Bangar, Sabota Mustafabad, Ahmadpur
Chauroli, Dayanatpur, Bankapur, and Rohi. The total land proposed for acquisition admeasures
1,857.8871 hectares, of which 275.1820 hectares pertains to Village Neemka Shahjahanpur,
272.3978 hectares to Village Khawajpur, and 577.3727 hectares to Village Thora. The present
acquisition seeks to facilitate large-scale aviation and allied infrastructure, including construction
of two additional runways, maintenance, repair and overhaul (MRO) facilities, parallel taxiways,
isolation bays and engine run-up bays, cargo infrastructure including a Northern Cargo Terminal,
Express Cargo Terminal and container terminals, satellite concourses with linkages and walkways,
tunnels for cargo movement, passenger car parking and ground transportation centre, light rail
connectivity between terminals, and peripheral infrastructure including fire stations, offices,
docking areas, warehouses, and perimeter roads.

3.6. Insofar as the statutory process leading to the impugned notifications is concerned, in
terms of Section 4 of the Act, 2013, read with Rule 3(1) of the Right to Fair Compensation and
Transparency in Land Acquisition, Rehabilitation and Resettlement (Uttar Pradesh) Rules, 2016,
the State Government issued Notification No. 820/chhappan-2023-31/2016(Stage-2A) dated
30.06.2023, nominating Gautam Buddha University, Gautam Buddha Nagar, as the Social Impact
Assessment Agency. In compliance with Rule 3(2) of the Rules, 2016, the said notification was
made available in the local language in the affected areas and in the offices of the District
442 INDIAN LAW REPORTS ALLAHABAD SERIES
Collector, Sub-Divisional Magistrate, Land Acquisition Officer, Administrator, and Tehsildar. It
was also published in three daily newspapers widely circulated in the affected area, namely 'Amar
Ujala', 'Hindustan', and 'Times of India', on 06.07.2023, and was uploaded on the official website of
District Gautam Buddha Nagar.

3.7. Pursuant to the issuance of the Section 4 Notification, the SIA Agency prepared a draft
Social Impact Assessment Report and Social Impact Management Plan. In compliance with Rule
7(1) of the Rules, 2016, read with Section 5 of the Act, 2013, public hearings were conducted on
19.12.2023 at Village Khwajpur and on 21.12.2023 at Village Neemka Shahjahanpur, to invite the
views of the affected families to be recorded and included in the Social Impact Assessment Report.
The SIA Agency submitted the Social Impact Assessment Report and Social Impact Management
Plan to the appropriate authorities in December 2023. The SIA Report concluded that: (i) the
proposed acquisition serves the public purpose; (ii) the land proposed for acquisition is the absolute
minimum area required; and (iii) the land proposed for acquisition is the most feasible option.

3.8. In compliance with Rule 8 of the Rules, 2016, on 01.02.2024, a notice informing
completion of the SIA Report was published in 'Amar Ujala' and 'Dainik Jagran' on 02.02.2024 and
uploaded on the official website of District Gautam Buddha Nagar. In accordance with Section 7 of
the Act, 2013, read with Rule 10 of the Rules, 2016, the State Government constituted a MultiDisciplinary Expert Group to evaluate the SIA Report. On 09.02.2024, the Expert Group
unanimously approved the SIA Report and recommended that it be forwarded to the State
Government for further approval. The Expert Group categorically recorded that the total proposed
acquisition area of 1,888.9088 hectares across fourteen villages constitutes the bare minimum
requirement for the project and that no viable alternative exists which would result in lesser
displacement. In compliance with Rule 10(3) of the Rules, 2016, the recommendations of the
Expert Group were published in 'Amar Ujala' and 'Dainik Jagran' on 21.03.2024 and uploaded on
the official website of District Gautam Buddha Nagar.

3.9. On 08.01.2025, after due consideration, the State Government, in compliance with
Section 8 of the Act, 2013, granted approval to the SIA Report and the recommendations made by
the Expert Group. In compliance with Section 8(3) of the Act, 2013, read with Rule 11(3) of the
Rules, 2016, this approval was published in 'Amar Ujala' and 'Dainik Jagran' on 11.01.2025 and
uploaded on the official website of District Gautam Buddha Nagar.

3.10. Since the present acquisition is for a public-private partnership project, prior consent of
at least 70% of the project-affected families was required to be obtained before issuance of the
Section 11 notification, in terms of Section 2(2)(a) and (b)(ii) of the Act, 2013, read with Rule 14
of the Rules, 2016. As on 01.03.2025, the consent of 73.02% of the affected families had been
obtained.

3.11. After obtaining the requisite consent, the requiring body submitted its request for land
acquisition to the Collector. Prior thereto, an on-spot survey and inspection of assets was duly
conducted, wherein a detailed inventory of existing structures, buildings, wells, tube wells, trees,
and other assets was prepared in Form-11 prescribed under the Rules, 2016, along with an
assessment of the estimated compensation payable in respect of each item.
4 All. Vijay Pal Singh & Ors. Vs. State of U.P. & Ors.
443

3.12. In terms of Section 14 of the Act, 2013, the notification under Section 11 was required to
be issued within twelve months from the date of appraisal of the SIA Report by the Expert Group,
i.e., by 09.02.2025. In exercise of powers under the proviso to Section 14 of the Act, 2013, the
State Government, by order dated 27.02.2025, granted an extension of time up to 08.02.2026 for
issuance of the Section 11 notification.

3.13. Thereafter, on 11.04.2025, the State Government issued the preliminary notification
under Section 11 of the Act, 2013 for the acquisition of land from the aforementioned fourteen
villages in Tehsil Jewar, District Gautam Buddha Nagar, admeasuring 1,857.8871 hectares. The
State Government simultaneously invited objections from the concerned landowners under Section
15(1) of the Act, 2013. The Section 11 Notification also appointed the Deputy Collector, Jewar,
District Gautam Buddha Nagar, as the Administrator for Rehabilitation and Resettlement of the
project-affected families. In compliance with Section 11(1) of the Act, 2013, read with Rule 20(4)
of the Rules, 2016, the Section 11 Notification was published in 'Amar Ujala' and 'Dainik Jagran'
on 13.04.2025 and uploaded on the official website of District Gautam Buddha Nagar.

3.14. Under Section 15 of the Act, 2013, any interested person could, within sixty days of the
Section 11 Notification, file objections on the grounds of the area and suitability of land proposed
to be acquired, the justification offered for the public purpose, and the findings of the SIA Report.
In compliance with Rule 23 of the Rules, 2016, on 02.07.2025, public notices were issued by the
Collector to affected landowners whose written objections had been received within the stipulated
timeline, fixing 08.07.2025, 09.07.2025 and 10.07.2025 as the dates for hearing objections from
different villages. The public notice regarding the hearing dates was published in 'Amar Ujala' and
'Dainik Jagran' on 03.07.2025, and public announcements (munadi) were also carried out locally.
The Collector conducted public hearings in accordance with law. Some of the petitioners, including
representatives of the Sangharsh Samiti, appeared and were afforded an opportunity of personal
hearing. After due consideration of the objections, the Collector passed a reasoned order dated
11.07.2025 under Section 15(1) of the Act, 2013, dismissing the objections on the ground that the
issues raised, fell outside the limited statutory scope of Section 15(1), which confines objections
only to the area and suitability of land, justification for public purpose, and findings of the SIA
Report.

3.15. In compliance with Section 15(2) of the Act, 2013, the Collector forwarded the disposal
report to the State Government. On 11.07.2025, a request was also made to the State Government
for its approval of the disposal report and for issuance of the declaration under Section 19. Upon
consideration, the State Government approved the disposal report under Section 15(3) of the Act,
2013 on 29.07.2025.

3.16. Simultaneously, in compliance with Section 45(1) of the Act, 2013, a project-level
Rehabilitation and Resettlement Committee was constituted for monitoring and reviewing the R&R
Scheme, vide notification dated 23.06.2025. In compliance with Section 16 of the Act, 2013, the
Administrator prepared the draft R&R Scheme for the affected and displaced families, and on
26.06.2025, notices were issued for conducting public hearings on the draft R&R Scheme. Public
hearings were conducted on 09.07.2025 in Village Khawajpur and on 10.07.2025 in Village
Neemka Shahjahanpur and Village Thora, during which objections and suggestions of the affected
444 INDIAN LAW REPORTS ALLAHABAD SERIES
persons, including the petitioners, were duly recorded. The draft R&R Scheme was formally
published on 14.07.2025.

3.17. The proposed R&R Scheme provides, inter alia, for: (a) allotment of developed
residential land equivalent to 50% of the land held by the displaced family, subject to a minimum
of 50 square metres and a maximum of 500 square metres; (b) where a displaced family chooses
not to opt for allotment of residential land, compensation of not less than Rs. 1,50,000/-; (c) each
displaced family is further given the option to either opt for employment in the Noida International
Airport Project, or receive a one-time lump sum payment of Rs. 5,00,000/-, or opt for an annuity of
Rs. 2,000/- per month for a period of twenty years; (d) a monthly subsistence allowance of Rs.
3,000/- for one year from the date of award; (e) a special assistance of Rs. 50,000/- for displaced
families belonging to Scheduled Castes and Scheduled Tribes; (f) a one-time transportation
allowance of Rs. 50,000/-; (g) a one-time financial assistance of Rs. 25,000/- for affected families
engaged in small trade and a separate Rs. 25,000/- for families having cattle; and (h) a one-time
resettlement allowance of Rs. 50,000/- to each affected family.

3.18. In exercise of powers under Section 18 of the Act, 2013, the Commissioner approved the
draft R&R Scheme on 21.07.2025 and directed the authorities to proceed further in accordance
with law.

3.19. Thereafter, on 24.10.2025, the State Government issued the declaration under Section 19
of the Act, 2013. In Schedule-B to the Section 19 Declaration, land admeasuring 437.9931 hectares
situated in Villages Mangroli, Neemka Shahjahanpur, Alavalpur, Sadullapur alias Madalpur,
Ahmadpur Chauroli, and Jewar Bangar, Pargana Jewar, Tehsil Jewar, District Gautam Buddha
Nagar, was identified as the R&R site for the purpose of resettlement of displaced families, for
which a separate land acquisition process is to be undertaken in accordance with law. The Section
19 Declaration was published in 'Hindustan Times' and 'Dainik Jagran' on 27.10.2025, and copies
were also affixed on the Notice Boards in the affected areas and uploaded on the official website of
District Gautam Buddha Nagar.

3.20. During the pendency of the present writ petitions, the State Government passed awards
in respect of the villages forming part of the present acquisition. The awards for Village Neemka
Shahjahanpur and Village Khawajpur were made on 31.01.2026, and the award for Village Thora
was made on 02.02.2026. While the circle rate was Rs. 900/- per square metre, the awards provide
a market value of Rs. 1,550/- per square metre determined under Section 26(2) of the Act, 2013,
along with additional compensation of Rs. 1,200/- per square metre in view of the Government
Order dated 10.03.2025. The awards further provide 100% solatium under Section 30(1) and an
additional amount at the rate of 12% per annum under Section 30(3) from the date of the Section 4
Notification dated 07.07.2023 up to the date of the respective awards, resulting in total
compensation aggregating to approximately Rs. 4,772/- to Rs. 4,778/- per square metre.
Disbursement of compensation has already commenced. Possession of abadi land shall be taken
only after the R&R Award is passed under Section 31 of the Act, 2013 and developed plots are
handed over to the displaced families.
4 All. Vijay Pal Singh & Ors. Vs. State of U.P. & Ors.
445

3.21. Aggrieved by the aforesaid notifications dated 11.04.2025 (Section 11 preliminary
notification) and dated 24.10.2025 (Section 19 declaration), the aforesaid writ petitions have been
filed.

D. SUBMISSIONS ON BEHALF OF PETITIONERS:

4. Shri Mahesh Chand Sharma, learned counsel for the petitioners, submitted that the
petitioners are residents of Villages Neemka Shahjahanpur, Khawajpur and Thora, Tehsil Jewar,
District Gautam Buddha Nagar, having agricultural land as well as residential abadi in the said
villages. He submitted that the petitioners are not opposing the acquisition of their agricultural land
but are specifically challenging the displacement of their village abadi, which is being done in
flagrant violation of the mandatory provisions of the Act, 2013.

4.1. Learned counsel submitted that the villages in question were declared as an Industrial
Nagar under the U.P.