Airport – High Court Backs Land Acquisition for Jewar Airport Expansion

Airport –  The Allahabad High Court has validated the land acquisition process for the expansion of the Noida International Airport in Jewar, bringing relief to authorities while outlining safeguards for affected residents.

The court dismissed multiple petitions filed by farmers who had challenged the acquisition of land required for the second and third phases of the airport project in Gautam Buddha Nagar district. This decision clears a major hurdle for the ambitious infrastructure project, which is expected to boost connectivity and economic growth in the region.

Court Confirms Legal Validity of Acquisition Process

A division bench comprising Justices Mahesh Chandra Tripathi and Kunal Ravi Singh examined the arguments presented by petitioners and government authorities. After reviewing the records, the bench concluded that the acquisition process adhered to the provisions of the Land Acquisition Act, 2013.

The court observed that all procedural requirements had been followed, including conducting a social impact assessment, holding public consultations, and securing consent from at least 70 percent of affected landowners. These steps were considered essential in ensuring transparency and fairness in the acquisition process.

Safeguards Ordered for Residential Land

While upholding the acquisition, the court emphasized the need to protect residential areas, commonly referred to as “Aabadi,” belonging to local farmers. It issued specific instructions to the Yamuna Expressway Industrial Development Authority (YEIDA) and the Uttar Pradesh government to ensure that these residential plots are not disturbed without proper arrangements.

The bench took note of an affidavit submitted by YEIDA, which assured that no residential property would be taken over until a fully developed rehabilitation site is prepared. This commitment was formally recorded as part of the court’s directions.

Rehabilitation Measures Must Be Completed First

The court laid down clear conditions that must be met before taking possession of residential land. These include accurate measurement of each affected family’s homestead area, allocation of developed plots under a rehabilitation scheme, and issuance of compensation awards as required under Section 31 of the Act.

Importantly, the court directed that alternative housing plots must be provided before any eviction takes place. It warned authorities that failure to comply with these assurances could lead to contempt proceedings.

Compensation Disputes Can Be Legally Challenged

Addressing concerns related to compensation, the bench clarified that farmers who are not satisfied with the amount awarded have the right to seek redress. They may approach the designated reference authority under Section 64 of the Land Acquisition Act to challenge or reassess compensation.

This provision ensures that affected landowners still have legal recourse, even after the acquisition process has been upheld by the court.

Land Reserved Specifically for Rehabilitation

The court also highlighted that a designated portion of land has already been set aside for resettlement purposes. It noted that 78 hectares listed under Schedule B of Section 19 is reserved exclusively for rehabilitation of displaced families and will not be used for airport construction.

This allocation is intended to provide a structured and organized relocation process for those impacted by the project, ensuring that development does not come at the cost of basic living conditions.

Project Moves Forward with Conditions

With the legal challenge resolved, the expansion of the Noida International Airport is expected to proceed, subject to strict compliance with the court’s directions. The ruling balances the need for large-scale infrastructure development with the rights and welfare of affected communities.

Authorities are now responsible for implementing the rehabilitation measures in a timely and transparent manner, as outlined by the court. The decision is likely to serve as a reference point for future land acquisition cases involving major development projects across the country.