- (1.) Disagreeing with the ratio of Smt. Madhuri Srivastava Vs. State of U.P., 2016 6 ADJ 1 (DB), the matter has been referred to larger Bench. In Smt. Madhuri Srivastava's case, a Division Bench of this Court held that classification of Pushtaini (property acquired before 28.01.1991, which included, recording the names in revenue record on the basis of partition decree, subsequent to 28.01.1991 also) and Gair-pushtaini (property acquired on or after 28.01.1991) was reasonable classification, having direct nexus with the object, for awarding compensation at different rates of the land, acquired under Land Acquisition Act, 1894 (hereinafter referred to as "Act, 1894").
(2.) The questions referred for adjudication:- When the case was listed before this Court on 09.03.2018, following questions for determination were framed with the help of the parties:- (i) Whether the law laid down by the Division Bench of this Court in the case of Smt. Madhuri Srivastava, 2016 6 ADJ 1 is in conflict with the law laid down by the Supreme Court in the case of Nagpur Improvement Trust and another Vs. Vithal Rao and others, 1973 1 SCC 500 and also with the provisions of the Land Acquisition Act, 1894? (ii) Whether the classification made under the U.P. Land Acquisition (Determination of Compensation and Declaration of Award by Agreement) Rules 1997, the distinction made among "Pushtaini and Gairpushtaini Farmers" is a classification reasonable having nexus with the objects sought to be achieved?
(3.) The creation of NOIDA:- In early 1980s, it was realised that the rapid rate at which Delhi was expanding would result in chaos, so Government of India planned to develop residential and industrial areas around the capital to reduce the demographic burden. Gurgaon, across the border of Haryana was developed by Haryana Government and New Okhla Industrial Development Authority (Noida) was developed by U.P. Government, in district Gautam Budh Nagar. But the 1990s saw huge growth in Indian economy. Migration to cities like Delhi, Mumbai, Kolkata, Chennai, Hyderabad and Bangalore exceeded the planning estimates. Noida was developed to accommodate population growth for 20-25 years. But due to rapid growth, State of U.P. decided to expand industrial and urban township of Gautam Budh Nagar. Under the provisions of U.P. Industrial Area Develpoment Act, 1976, notification dated 28.01.1991 was published for creation of Greater Noida, in an area of 38000 hectare, comprising of 124 villages of Gautum Budh Nagar. This attracted the outsiders to purchase land in this area, which was going to be developed as an industrial and urban township.;