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The Allahabad High Court provided a major relief to the House Buyers of the Yamuna Expressway Industrial Development Authority (YEIDA) land in Gautam Nagar. The Bench comprising of Justice Pankaj Mithal and Justice VC Dixit allowed a bunch of petitions. Shakuntla Education and Welfare Society, along with other organizations, filed those petitions. The Court said the increased compensation cannot be recovered from the individuals by the State Government or any other Authority, without any prior agreement. That land was acquired from the farmers and compensation was offered to them to prevent any loss. It quashed those demand orders for illegality. In 2014, the State Government delivered an order emphasizing that farmers were experiencing legal complications and an out of Court settlement were necessary. The compensation of more than 64.7% was suggested after land acquisition. This was done to maintain their financial position. The condition was laid down that farmers should withdraw their petition against land acquisition proceedings.
The Government directed recovery of an additional compensation from the allot-tees. The Petitioners submitted that the Government never modified terms and conditions in the contract. No terms were made clear prior to the contracts. In the absence of any prior agreement, no compensation can be recovered from the public. There can be no right to recover an excess amount. Any affirmed right, finalized on the basis of a contract, cannot be taken away. It is unjustified to frame a policy which grossly interrupts those rights. The policies should be prospective in nature, without affecting earlier contracts. It would be a breach of trust and fundamental rights. The policies which are unilaterally framed, without considering other party’s rights are arbitrary. It is a violation of Article 14 and 16 of The Constitution of India. The Authorities have not been reached till now for comments.
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