SYNOPSIS AND LIST OF DATES AND EVENTS

This Petition for special leave to appeal under Article 136 of the
Constitution of India is directed against the order and judgment dated May
28, 2020, (“Impugned Judgment”) of the High Court of Judicature at
Allahabad, in the leading Writ Petition No. 28968 of 2018 titled M/s
Shakuntla Educational and Welfare Society vs State of Uttar Pradesh and
Others along with other batch petitions where by Hon’ble Allahabad High
Court has erroneously quashed a policy decision taken in public interest of
the farmers, by declaring the Order dated August29, 2014 (“Government
Order”) issued by the State of Uttar Pradesh (“State” / “Respondent No.”)
as invalid and illegal. Consequentially, Hon’ble Allahabad High Court has
also quashed all the actions and demands of the farmers of Bharatiya Kisan
Union Lok Shakti United (“Petitioner”/ “Bharatiya Kisan Union Lok
Sukta United”) treating them to be illegal. This Petition for special leave to
appeal under Article 136 has been duly authorized through Master Sheoraj
Singh the President of the farmers’ union, Bharatiya Kisan Union Lok
Sukta United on their behalf.

The Petitioner submits that the Impugned Judgment is liable to be set aside
for the following reasons, amongst others:
Respectfully showeth,

1. The respondents have concealed the fact that there was a binding
undertaking to pay the enhanced compensation but they have not informed the
court about it. A copy of the same is attached.

2. The impugned judgement is in violation of principles of natural justice

because farmers (petitioners) are directly affected by the outcome of the
petitions but they were not made parties by the respondents.

3. That the impugned judgement wrongly holds that principles of fair

compensation laid down in Gajraj Singh and Savitri Devi are not applicable in
present cases. Farmers were directed to withdraw pending cases before the
court on the understanding that they will be given enhanced compensation and
farmers withdrew their cases on this understanding.

4. The true spirit and the rationale behind Gajraj Singh and Savitri Devi were
missed by the High Court. In Gajraj Singh, the acquisition was to be quashed
on the ground of not providing opportunity to raise objection under section
5(A) due to urgency. There was no urgency in the matter to dispense with
section 5(A) objections, so entire acquisitions were to be declared illegal. But
since developments have already taken place and common people have
invested their money, the court took the view that requirement of justice will
be served if higher compensation is paid to farmers instead of declaring the
acquisition illegal. Same was the situation in Savitri Devi. Though, strictly
speaking Savitri Devi says that it will not be treated as a precedent but the
general principle is sound and equally applicable to other similarly situated
acquisitions.

5. The respondents have taken the advantage of governmental power under the
Eminent Domain; they cannot wriggle out from their reciprocal responsibility.

6. The High Court has emphasized upon the language of the contract between
the government/authority and allottees but neither it was brought to the notice
of the court either by builders or by the government that after signing on the
contract, builders gave an undertaking in 2013 that if the government/authority
decide to enhance the compensation payable to the farmers, the allottees will
abide by that decision. Hence allottees (respondents) are estopped from
challenging the government decision.

7. The decision to enhance compensation by the government/authority was

neither unreasonable nor arbitrary. Thus, the High Court made an error in
striking down the government decision.

8. That there were stay orders operating against acquisition proceedings by

Allahabad High Court and builders and government/ authority could not have
gone ahead with acquisition proceedings without the consent of farmers. The
farmers withdrew their cases despite stay order in their favour, on the
assurance that they will be paid enhanced compensation and the benefits of
Gajraj Singh will be given to them. A copy of some of the stay orders issued
by Allahabad High Court on various dates are attached herewith.

Briefly stated the facts giving rise to the present petition are as follows:

(i) YEIDA was constituted by the State of Uttar Pradesh under the Uttar
Pradesh Industrial Area Development Act, 1976 (“the Act”) for
stimulating the development of the land between NOIDA and Agra
along the Yamuna River. For this purpose, land was either acquired
 by the Government of Uttar Pradesh under the Land Acquisition
Act, 1894 for the benefit of the YEIDA, or directly purchased by the
YEIDA under sale deeds from farmer – landowners. The
Government Order applies to the land viz. approximately 9354
hectares of land in Gautam Budh Nagar and
by extension to land which reaches up to Agra.

(ii) Subsequently, YEIDA, in exercise of its functions and powers under

Sections 6(f) and 7 of the Act, advertised schemes and invited
applications for the allotment of plots of land for planned
development. Accordingly, various plots of land were awarded to
various allottees including Respondents herein through allotment
letters. Subsequently, the allotment was formalised by way of a lease
deed.

(iii) In the meantime, large scale acquisition of agricultural and abadi

land of farmers of different villages in Greater Noida and Noida
came under challenge before the Hon’ble Allahabad High Court in
Gajraj Singh. The full bench of Hon’ble Allahabad High Court in its
judgment dated October 21, 2011 held that the acquisition process
was not undertaken in accordance with law. As a consequence, the
Hon’ble High Court held that YEIDA before it were entitled to an
additional compensation to the tune of 64.70% of the amount which
had already been paid as compensation. After the judgment in Gajraj
Singh case, a number of farmer groups started demanding additional
compensation at the rate of 64.70% whose lands had been acquired
for and by the YEIDA. About 700 Writ Petitions were filed before
the Hon’ble Allahabad High Court seeking quashing of the
Notifications under which the State of UP had acquired land for
development under the aegis of YEIDA.

(iv) In 2013, due to the agitations of the farmer groups, several allottees
of the Petitioner - YEIDA sent written representations to the YEIDA
that the agitations by the farmer groups had created great hindrances
in the development and construction work of these allottees on the
aforesaid land. It was also informed by some of the allottees that the
construction work had been stopped by the farmer groups and they
were demanding additional compensation for their land. These
allottees categorically stated that they did not oppose the payment of
 additional compensation and that they would abide by any decision
taken in this regard by the competent authority. To resolve the issues
raised by the farmers, the Chaudhary Committee was setup by the
Government of Uttar Pradesh vide memo dated September 3, 2013.
After due consultations with various stakeholders including the
farmer groups, the allottees and YEIDA, the Chaudhary Committee
made several recommendation, including the payment of an
additional compensation to the tune of 64.70% as a “no litigation
incentive” for withdrawing the petitions challenging the acquisition
proceedings and for giving an undertaking to not institute any
litigation or create hinderance in the development work of the
YEIDA. Based on the recommendations of the Chaudhary
Committee, the Government of Uttar Pradesh issued the
Government Order directing payment of 64.7% additional
compensation as “no litigation incentive” in the terms stated above.
In addition, the order stipulated that the cost of additional
compensation could be recovered from the allottees. The
Government Order as also the subsequent orders dated 4 November
2015 and 14 September 2016 through which certain amendments
were made and approved by the Cabinet of the State Government

(v) The directions in the Government Order were accepted by YEIDA

in its 51st Board meeting held on September 15, 2014, and the order
was made applicable to the land acquired or purchased by YEIDA in
Gautam Budh Nagar, Bulandsahr, Aligarh, Hathras, Mathura and
Agra. Accordingly, demand notices were issued to various the
Respondent – allottees.

(vi) Subsequently, writ petitions were filed by Respondents allottees

before the Hon’ble Allahabad High Court against the Government
Order, the YEIDA Board Decision and the demand notice pursuant
thereto.

(vii) On May 28, 2020, the Hon’ble Allahabad High Court passed the
common order and judgment, erroneously holding that the
Government Order is illegal, invalid and liable to be ignored and
that the YEIDA Board Decision and YEIDA’s demands pursuant
 thereto were illegal and therefore quashed. Hence the Appellant
seeks to file the present Special Leave Petition.

List of Dates and Events

Dates Events

- The YEIDA is constituted by the Government of Uttar

Pradesh under the U.P Industrial Area Development
Act, 1976 for stimulating the development of the land
between
NOIDA and Agra along the Yamuna River.

2007-2010 The YEIDA acquires land under the Land Acquisition

Act, 1894 in exercise of its functions and powers under
Sections 6(f) and 7 of the Act and invites applications
for the allotment of plots of land of 25 to 250 acres in
the area developed
by it.

June 11, Pursuant to the Application submitted by Respondent

2008 No. Jaiprakash Associates limited for allotment of
land as per SDZ policy,an
allocation letter is issued in its favor by the
YEIDA for an area of 1000 Ha. Therefore activity for
development work was sports.
A copy of the allotment letter dated June11, 2008 is
 annexed herewith and marked as Annexure P-1at
page No.

February 24, The YEIDA issues various allotment letters dated

2009 to February 24, 2009, March 20, 2009,
December August 10, 2009, January 27, 2010, June 23, 2010
07, 2010 and December 07, 2010 to the Respondent No. Jai
prakash Associates limited for an area measuring
992.3066 Ha with remaining area of 93.0261 Ha
being allotted to Respondent No. as LMC land
belonging to the government
A copy of the allotment letters dated February 24,
2009 as a sample is annexed herewith and marked
as Annexure P-2 at page No.

March 02, The YEIDA flouts the Residential Plot Scheme, 2009
2009 (1) (“Residential Plot Scheme”) and invites
application for allotment of residential plots along
under construction Noida-to-Agra Yamuna
Expressway in the scheme at the rate of Rs. 4,750/-
per sq mtrs.
A copy of the Residential Plot Scheme, 2009 dated
March 02, 2009 is annexed here with and marked as
Annexure P-3 at page No.

October 20, Pursuant to the YEIDA’s Residential Plot Scheme

2009 inviting applications, theRespondent
No. Resident Plot Owners Social Welfare
 Association applies through one Mr. Satish Sharma
and is allotted Plot No. 48 in Pocket C, Sector 20
A copy of the allotment letter dated October 20,
2009 is annexed herewith and marked as
“Annexure P-4 at page No.

October 20, Pursuant to the YEIDA’s Residential Plot Scheme

2009 inviting applications, one Mr Sudhir Garg submits an
application and an allotment letter is issued by the
YEIDA in his favor for Plot No. 440, Pocket D,
Sector 20, Yamuna Expressway Industrial
Development Area, Budh Nagar measuring an area
500 Sqmtrs.

A copy of the allotment letter dated October 10,

2009 is annexed herewith and marked as Annexure
P-5 at page No.

November Pursuant to the YEIDA’s Residential Plot Scheme

19, 2009 inviting applications, the Respondent No. Mr Udit
Mittal submits an application and an allotment letter
is issued by the YEIDA to the Respondent No. for
Plot No. 166, Block U, Sector 20, Yamuna
Expressway Industrial Development Area, Budh
Nagar measuring an area 500 sq. mtrs.
A copy of the allotment letter dated November 19,
2009 is annexed here with and marked as Annexure
P-6 at page No.

November Pursuant to the YEIDA’s Residential

19, 2009 Plot scheme) inviting applications, the Respondent
 No. Mrs. Madhu Mittal submitted an application and
allotment letter was issued by the YEIDA to the
Respondent No.for Plot No. 507, Pocket S, Block U,
Sector 20, Yamuna Expressway Industrial
Development Area, Budh Nagar with measuring area
of 500 Sq. mtrs.
December Pursuant
A copy of to thethe
allotment
application
letter dated
of theRespondent
December 19,
November 10,No.
10, 2009 M/s India
2009 isis annexed
Knowledge
annexed here with
Foundation,
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andmarkedYEIDA
marked asasAnnexure
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issued an
allotment
P-13
P-7 atatpagepage
letterNo.in its favor in respect of Plot No. 3,
No.
Sector 17A, Yamuna Expressway, measuring
December 50acres.
A lease deed is executed between the Respondent
30, 2009 A
No.copy
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allotment letter dated and
Foundation December
YEIDA10, in
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respectis of
Pursuant annexed
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inviting page No.
mtrs. applications,
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years. No. Mr. Balraj
A copysubmitted
Singh of the lease an deed dated December
application 30,2009
and allotment letter
is annexed herewith and marked as
was issued by the YEIDA to the Respondent No. for AnnexureP-14
at page
Plot No. No.486, Pocket S, Sector 20, Yamuna
December Pursuant to the application of the Respondent No.
Expressway Industrial Development Area, Budh
10, 2009 Shakuntla Education and Welfare Society, an
Nagar with measuring area of 500 Sqmtrs
allotment letter is issued to it by YEIDA in respect of
A copy of the allotment letter dated November 19,
Plot No. 02, Sector 17A, Yamuna Expressway, G.B
2009 is annexed here with and marked as Annexure
2009-2011 Nagar
32 measuring 50 Acres (202350 sqmtrs)
P-8lease
at pagedeeds No.are executed between YEIDA and the
A copy of theNo.
Respondent allotment letter is
Jai prakash annexed here
Associates Ltd. with
for an
and marked
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965.7390Ha. P-11Theat page
copyNo.of the lease
deed dated September 25, 2009 along with a chart
providing details of the other 31 lease deeds is
annexed herewithand
November marked
Pursuantas Annexure P-15 at page
to the application No.
submitted by the
December A lease deed is executed between Respondent No M/s
20, 2009 Respondent No M/s Maruti Educational Trust, an
10, 2009 Maruti Educational Trust and YEIDA in respect to
allotment letter is issued by the YEIDA in respect to
Plot No. 01, Sector 17A measuring an area of 75
Plot.
January 22, A Nodeed
lease 01, isSector 17A between
executed with measuring
YEIDA and area theof
Acres for a period of 90 years
2010 75Acres
Respondent
A copy of theNo. Shakuntla
lease deed datedSociety in respect
December of Plot
10,2009
A copy
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02, Sector letter dated November
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is annexed here with and marked50asacres (202324.72
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sq.mtrs.)
at page No.
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annexed here with and marked as Annexure
P-16 at page No.

December Pursuant to the application of the Respondent No.

10, 2009 19, M/s
March YEIDA G.L flouts
Bajaj Educational Trust,
a scheme with theanScheme
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Code
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which itininvites
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of Plot No. in
06, Sector 17A measuring
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Acres
two-bid system for allotment of residential township
 in Sectors 26A, 17A and 22D for a lease period of 90
years under scheme code RT-01
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Plot
annexed No.herewith 486, and Pocket marked S, as Sector
Annexure 20, P-17 Yamuna at
Expressway
page No. Industrial Development Area, Budh
Nagar
A copywith of the measuring
lease deed area dated of 500 August Sqmtrs 13, 2010 is
November
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