JSA successfully represented Yamuna Expressway Industrial Development Authority (“YEIDA”) in nineteen (19) tagged special leave petitions (“SLPs”) before the Supreme Court of India (“Supreme Court”) against a decision of the Allahabad High Court, that had held YEIDA’s policy decision of demanding additional amount from land allottees for payment of enhanced compensation to agitating farmers as being “unfair, unreasonable and arbitrary”.
Following land acquisition by YEIDA in Gautam Buddha Nagar, local farmers began agitations and initiated a spate of proceedings challenging the acquisition and seeking additional compensation for their land. The Government of Uttar Pradesh, after deliberations with all stakeholders, passed an order in 2014 to enhance the amount of compensation.
The order also clarified that the additional financial burden would be borne by the allottees of the lands in question. Consequently, YEIDA adopted the government order and issued demand notices to the private parties to whom lands had been allotted. The land allottees approached the Allahabad High Court against the additional demand notices, which were struck down.
On May 19, 2022, the Supreme Court allowed the SLPs. Reiterating that interference with a policy decision is warranted only on limited grounds, and that public interest overrides private contracts, the Supreme Court reversed the High Court’s decision, and found that YEIDA’s decision was in the “larger public interest, taking care of the concerns of the allottees as well as the farmers”.
Deal Value: USD 677 million.
JSA team comprised Lead Partner – Amar Gupta, Partner – Divyam Agarwal, Principal Associate – Kamaljeet Singh , and Associate – Aniket Aggarwal.
Amar is amongst the founding members of JSA’s Disputes Practice. He has in past served as the Practice Chair and a member of the Firm’s Executive Committee.