Noida authority ‘illegally’ paid Rs 117.56 crore to ineligible farmers over 15 years: SIT report

There was no court order to pay compensation at the increased rate in favor of farmers in these 20 cases, the SIT report stated. The investigating team was headed by Hemant Rao, former Chairman of UP Revenue Council and Meerut Divisional Commissioner Selva Kumari J and Meerut Zone Additional Director General of Police DK Thakur as members.

It found three Law Department officers – a Junior Assistant, then Assistant Law Officer Virendra Singh Nagar and then-Legal advisor Dinesh Kumar Singh – guilty of the financial corruption and not fully discharging their responsibilities in addition to alleged collusion with ineligible beneficiaries who were given compensation at increased rates.

The SIT raises questions over the role of then-Chief Executive Officer (CEO) Rama Raman and Additional CEO Rajesh Prakash.

“…It is clear…that the respective files form the basis for giving payment, but the payment files should have been thoroughly examined at the level of Deputy Chief Executive Officer and Additional Chief Executive Officer,” the SIT report dated January 06, 2024 states.

In most, the rate of Rs. 33.32 per square yard was passed by the Special Land Acquisition Officer; the farmers challenged this, resulting in its increase to Rs. 93.75 per square yard by the District Court, Ghaziabad in 1990s. The Noida Authority challenged this verdict and filed a first appeal in the Allahabad High Court which upheld the lower court’s judgement in July 2014.

The authority paid farmers after the approval of CEO in 2014-15, but in June 2015, the farmers moved a highly time-barred appeal before the High Court, which does not fall in the category of regular appeal, the SIT stated.

After this, on behalf of the landowners, an application was presented to the CEO noting that they demanded compensation at the rate of Rs. 300 per square yard but will settle for Rs. 297.

According to the SIT, the Junior Assistant submitted a notice sheet showing the liability of 15 percent interest on the Authority citing that the first appeal was pending in the court. The court disposed of the case noting “The Appeal is dismissed as withdrawn.” A fresh application was then submitted and the CEO approved the proposal with hiked compensation.

The SIT said that “it was not proper” to file first appeal at this stage if the case had already been disposed by the HC in 2014 and that the Authority compromised with farmers at the rate of Rs. 297 per square yard. “…there was no increase in the rates of compensation fixed by the reference court. It was not proper to organize the first appeal from the level of the farmers concerned. But this fact was not taken into consideration,” said the SIT.

“Nearly 22 years after the order…the first appeals were organized by the concerned farmers in a planned manner. Taking advantage of the unclear situation, the farmers made systematic and time-barred appeals with the aim of reaching an agreement with the Noida Authority and getting compensation at an increased rate…” it also stated.

There was, according to the SIT, “no legal obligation on Noida Authority for this.” In its order on November 22, 2023, the SC ordered the government to undertake a comprehensive analysis of all the major land acquisition matters of last 10-15 years which led to the constitution of the SIT to investigate the distribution of compensation to landowners without eligibility.

Noida Authority’s former legal adviser Dinesh Kumar Singh and then assistant legal officer Virendra Singh were booked in 2021 for cheating, forgery, criminal conspiracy and offences under Prevention of corruption act for allegedly approving the compensation of Rs. 7.3 crore to ineligible farmers.

They filed an anticipatory bail petition in Allahabad High Court which was dismissed in January 2023 after which they moved Apex court for bail.

After coming to the notice of the case, Noida Authority filed FIR in the 12 cases while recovery certificates have been issued for over Rs 86 crore from ineligible beneficiaries in 10 cases. Writ petitions against the recovery certificate in five cases were canceled by the High Court and the SLP filed in the Supreme Court in four cases has also been rejected.

When contacted, the then-CEO of Noida Authority Raman told The Indian Express: “I have not seen the report yet and the matter is subjudice. So at this stage, it would not be proper to comment. I hope that by the next hearing, things will get clear that if it is a procedural irregularity or financial.”