RAMESH CHANDRA SHARMA Vs. STATE OF U.P.

JUDGEMENT

(1.) These three writ petitions raise a common question of law, namely, whether the classification of "Pushtaini" and "Gairpushtaini" farmers, created by the Greater Noida Authority for the purposes of paying compensation to the farmers, whose land has been acquired under the same notifications and for the same public purpose, is a reasonable classification or is hit by arbitrariness under Art. 14 of the Constitution of India. For the purpose of convenience and brevity, the facts and dates of writ petition no.49326 of 2009 are being referred to.

(2.) The admitted facts, in brief, is that Greater Noida Authority was established on 28.01.1991. All the petitioners purchased their agricultural land within the area of the said authority after its establishment. On 28.10.1997 the Authority classified the farmers for the purposes of payment of compensation for acquisition of their lands between "Pushtaini" namely those persons who had purchased the land prior to the date of the establishment of the Authority or thereafter got the land by partition or family settlement, and, "Gairpushtaini" being those persons who purchased the land after its establishment. The petitioners thus are Gairpushtaini farmers.

(3.) By a notification dated 001.2005 issued under Sec. 4 of the Land Acquisition Act, 1894 (hereinafter referred to as Land Acquisition Act) and notification dated 05.01.2006 issued under Sec. 6 (1) read with Sec. 17 (1) of the Land Acquisition Act, the holdings of the petitioners were acquired along with that of other farmers. These notifications included holdings of both Pushtaini and Gairpushtaini farmers. The petitioners along with other farmers entered into agreements with the Authority on 15.07.2006 under Rule 4 (2) of U.P. Land Acquisition (Determination of Compensation and Declaration of Award by Agreement) Rules 1997 (hereinafter referred to as the Rules of 1997). Under the said agreement also, a difference was maintained and the petitioners being Gairpushtaini farmers were paid compensation @ Rs. 280.00 per sq. yard, while the Pushtaini farmers under the same acquisition were paid compensation @ Rs. 322.00 per sq. yard. There was an agitation by the farmers at large for better compensation. A committee was set up which submitted a report and which was accepted by the Board's resolution dated 011.2008, and duly approved by the State Government. The Pushtaini farmers were accordingly further paid compensation @ Rs. 310.00 per sq. metre (Rs.259.27 per sq. yard) while no further compensation was given to "Gairpushtaini" farmers.