In a recent ruling, the Supreme Court of India upheld the decision of the Allahabad High Court regarding a land acquisition case in Uttar Pradesh. The case pertained to the acquisition of a plot in Lucknow and centered around the non-compliance with prescribed procedures in the land acquisition process.

The bench, comprising Justices Surya Kant and K V Vishwanathan, declined to interfere with the High Court's order dated October 7, 2015. The High Court had quashed the acquisition of the plot in question, situated within the revenue estate of village Hariharpur, Tehsil and District Lucknow. The grounds for the quashing were the failure to provide the tenure holders with an opportunity to submit objections against the proposed acquisition in accordance with Section 29 of the UP Avas Evam Vikas Parishad Adhiniyam, 1965.

The Supreme Court noted that the land acquisition process could be vitiated due to non-compliance with prescribed procedures, especially if there is no individual or public notice provided to the tenure holders. It emphasized the importance of adherence to the procedures outlined in the 1965 Act, which mandates the issuance of pre-acquisition notices to individuals affected by the proposed scheme.

Unfortunately, the public notice issued on July 17, 2004, did not include Khasra Nos. 672 and 673, which were crucial to the acquisition. Moreover, no individual notices were served to the respondents, as they were not recorded as tenure holders before the issuance of the notice under Section 29 of the 1965 Act.

While the Supreme Court declined to declare the respondents as the true tenure holders due to an ongoing title dispute, it affirmed the High Court's decision that the acquisition process was vitiated due to non-compliance with prescribed procedures.

Addressing the future course of action, the Court ensured that public interest in utilizing the land for the notified scheme was not frustrated. It directed the appropriate government to assess compensation for the acquired land in accordance with the provisions of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013.

Furthermore, the Court allowed the government to dispense with the social impact assessment procedure due to the substantial development of the land. It ordered the awarded compensation amount to be kept in a nationalized bank in a fixed deposit where it could earn the maximum interest until the title dispute was resolved.

Until the compensation amount was deposited and the title dispute resolved, the Court instructed all parties to maintain the status quo regarding the nature of the land and any encumbrances. Upon resolution of the dispute, the government was permitted to utilize the land for the notified scheme or any other public purpose in accordance with the law.

Case: U.P. AVAS EVAM VIKAS PARISHAD vs. CHANDRA SHEKHAR AND ORS,

CIVIL APPEAL NO. 3855 OF 2024 (ARISING OUT OF SLP (C) NO. 779 OF 2016). 

Click here to read/download judgment.