High Court · 2025

1. Heard Shri A.K. Maurya, learned counsel for the petitioners and learned Standing Counsel for the State respondents.

2. The instant writ petition under Article 226 of Constitution of India has been preferred seeking following principal reliefs:- "i. to issue a writ, order or direction in the nature of mandamus directing and commanding the respondent no.1 & 2 to issue a de-notification order under Section 48 of the Land Acquisition Act, 1894 to withdraw the notification orders dated 28.9.2007 and 18.8.2008 as notification no.170/7-27 Sio 3-03 Adhi/2007 and notification no.2488/08-27 Si 3-03 Adhi/2007 under Section 4 (1)/17 and 6 (1)/17 of the land Acquisition Act 1984 from the petitioner plot no.16Mi/1 area 0.248 hectare of village Bhupauli Pargana Mahuari, Tehsil Sakaldeeha, District Chandauli. ii. to issue a writ, order or direction in the nature of mandamus directing and commanding the respondent no.1&2 to expunge the name of Irrigation Department from plots No.71, 11, 16Mi/1 & 33 Mi of the petitioners situated at Village Bhupauli Pargana Mahuari Tehsil Sakaldeeha, District Chandauli."

3. The petitioners claim to be recorded tenure holder of plot no.16M/1 area 0.2480 Village Bhupauli, Pargana Muhuari, Tehsil Sakalheeha, District Chandauli. A notification under Section 4 (1) read with Section 17 of the Land Acquisition Act, 1894 (hereinafter referred to as 'Act, 1894') was issued on 28.09.2007 for acquisition of land in Village Bhupauli including the petitioners' plot no.16M/1 area 0.2480 hectare for construction of 132 KV Sub-Station and staff quarters. Thereafter, the notification under Section 6 (1) read with Section 17 of the Act, 1894 was notified/gazetted on 18.08.2008 and the award was also declared by the Special Land Acquisition Officer, Varanasi on 30.07.2013. Later on, the petitioners had objected to the compensation on

20.08.2013 and the reference qua the disputed land was made to the learned District Judge, Chandauli under Section 18 of the Act, 1894 on 06.11.2013. In view of notification No.5/2022/126/EK 13- 2022-1-13099/3630/2020 issued by Revenue Anubhag-13, Government of U.P., learned District Judge, Chandauli had transferred the matter to the Land Acquisition Rehabilitation and Settlement Authority (LARRA), Varanasi on 04.08.2022. Two other references, which were made by the respondent no.3, were also transferred to the LARRA, Varanasi. Learned Presiding Officer, LARRA, Varanasi had passed orders on 11.01.2023 and 10.02.2023 directing the respondents to clarify whether proceeding of acquisition has been dropped or it has been shifted to another place but the Executive Engineer (Irrigation) Construction Division, Varanasi (respondent no.4) has not given any reply till date.

4. Learned counsel for the petitioners in this backdrop vehemently submitted that the authority has not utilised the land in question for the purpose for which it has been earmarked as per the aforesaid notifications and the petitioner continued to be in possession over the disputed land. Till date, the amount in lieu of the award has also not been lifted by the petitioners. Even though, the proceedings are pending before the LARRA, Varanasi, wherein the objection has been taken by the petitioner that the land in question has not been utilized by the authority and the place of construction of 132 KV Sub-Station and staff quarters had also been changed, and the respondent no.4 has not filed any written statement in the proceeding, which is pending before the LARRA, Varanasi. He submits that in the facts and circumstances, the application under Section 48 of the Act, 1894 is to be considered by the State Government within some stipulated time.

5. Per contra, learned Standing Counsel has vehemently opposed the writ petition and submits that the acquisition took place by the competent authority on 28.09.2007 and the acquired land had been handed over to the beneficiary i.e. irrigation department. Admittedly, the petitioners' land was also part of the acquisition, wherein the award had also been made on 30.7.2013 and only the reference is engaging attention before the learned LARRA, Varanasi. The land had been vested in the State free from all encumbrances and at this stage no such relief can be pressed in the instant matter.

6. Heard rival submissions and perused the record.

7. We have occasion to peruse the orders dated 11.01.2023 and 10.02.2023 passed by learned Presiding Officer, LARRA, Varanasi, wherein it has been indicated that after the award dated 30.07.2013 the acquisition proceeding has been dropped and the scheme has been shifted to some other place. The irrigation department had deposited the compensation amount with the respondent no.4 but the same has not been lifted by the tenure holders. The compensation amount has also been returned to the irrigation department. The tenure holders are in possession of the acquired land but the name of the irrigation department has been entered in the revenue department. The Presiding Officer, LARRA had directed the opposite parties to file written explanation and if the acquisition proceeding has been dropped, the names of the tenure holder have been recorded or not. In compliance of the aforesaid orders, the respondent no.4 has not submitted any reply till date.

8. Admittedly, the matter is pending before the learned LARRA, Varanasi. It is also admitted that till date the petitioners have not lifted the compensation. At no point of time, the actual physical possession has been taken by the authority and the petitioners are still in possession of the land in question. At this stage, we are not inclined to decide the issue whether the actual physical possession has been taken by the authority or not. We find that the authority has not utilised the land for the purpose for which it was acquired and as such, the application under Section 48 (1) of the Act, 1894 is to be considered by the State Government.

9. Considering the claim, as has been set up, the writ petition is disposed of with observation that in case the petitioners move an appropriate application before the State Government for releasing their holdings in accordance with law within two weeks from today alongwith all details, the said application is to be considered by the State Government strictly in accordance with law within next three months. Order Date :- 8.7.2025 RKP RAKESH KUMAR PATEL RAKESH KUMAR PATEL High Court of Judicature at Allahabad High Court of Judicature at Allahabad

1. Heard Shri A.K. Maurya, learned counsel for the petitioners and learned Standing Counsel for the State respondents.

2. The instant writ petition under Article 226 of Constitution of India has been preferred seeking following principal reliefs:- "i. to issue a writ, order or direction in the nature of mandamus directing and commanding the respondent no.1 & 2 to issue a de-notification order under Section 48 of the Land Acquisition Act, 1894 to withdraw the notification orders dated 28.9.2007 and 18.8.2008 as notification no.170/7-27 Sio 3-03 Adhi/2007 and notification no.2488/08-27 Si 3-03 Adhi/2007 under Section 4 (1)/17 and 6 (1)/17 of the land Acquisition Act 1984 from the petitioner plot no.16Mi/1 area 0.248 hectare of village Bhupauli Pargana Mahuari, Tehsil Sakaldeeha, District Chandauli. ii. to issue a writ, order or direction in the nature of mandamus directing and commanding the respondent no.1&2 to expunge the name of Irrigation Department from plots No.71, 11, 16Mi/1 & 33 Mi of the petitioners situated at Village Bhupauli Pargana Mahuari Tehsil Sakaldeeha, District Chandauli."

3. The petitioners claim to be recorded tenure holder of plot no.16M/1 area 0.2480 Village Bhupauli, Pargana Muhuari, Tehsil Sakalheeha, District Chandauli. A notification under Section 4 (1) read with Section 17 of the Land Acquisition Act, 1894 (hereinafter referred to as 'Act, 1894') was issued on 28.09.2007 for acquisition of land in Village Bhupauli including the petitioners' plot no.16M/1 area 0.2480 hectare for construction of 132 KV Sub-Station and staff quarters. Thereafter, the notification under Section 6 (1) read with Section 17 of the Act, 1894 was notified/gazetted on 18.08.2008 and the award was also declared by the Special Land Acquisition Officer, Varanasi on 30.07.2013. Later on, the petitioners had objected to the compensation on

20.08.2013 and the reference qua the disputed land was made to the learned District Judge, Chandauli under Section 18 of the Act, 1894 on 06.11.2013. In view of notification No.5/2022/126/EK 13- 2022-1-13099/3630/2020 issued by Revenue Anubhag-13, Government of U.P., learned District Judge, Chandauli had transferred the matter to the Land Acquisition Rehabilitation and Settlement Authority (LARRA), Varanasi on 04.08.2022. Two other references, which were made by the respondent no.3, were also transferred to the LARRA, Varanasi. Learned Presiding Officer, LARRA, Varanasi had passed orders on 11.01.2023 and 10.02.2023 directing the respondents to clarify whether proceeding of acquisition has been dropped or it has been shifted to another place but the Executive Engineer (Irrigation) Construction Division, Varanasi (respondent no.4) has not given any reply till date.

4. Learned counsel for the petitioners in this backdrop vehemently submitted that the authority has not utilised the land in question for the purpose for which it has been earmarked as per the aforesaid notifications and the petitioner continued to be in possession over the disputed land. Till date, the amount in lieu of the award has also not been lifted by the petitioners. Even though, the proceedings are pending before the LARRA, Varanasi, wherein the objection has been taken by the petitioner that the land in question has not been utilized by the authority and the place of construction of 132 KV Sub-Station and staff quarters had also been changed, and the respondent no.4 has not filed any written statement in the proceeding, which is pending before the LARRA, Varanasi. He submits that in the facts and circumstances, the application under Section 48 of the Act, 1894 is to be considered by the State Government within some stipulated time.

5. Per contra, learned Standing Counsel has vehemently opposed the writ petition and submits that the acquisition took place by the competent authority on 28.09.2007 and the acquired land had been handed over to the beneficiary i.e. irrigation department. Admittedly, the petitioners' land was also part of the acquisition, wherein the award had also been made on 30.7.2013 and only the reference is engaging attention before the learned LARRA, Varanasi. The land had been vested in the State free from all encumbrances and at this stage no such relief can be pressed in the instant matter.

6. Heard rival submissions and perused the record.

7. We have occasion to peruse the orders dated 11.01.2023 and 10.02.2023 passed by learned Presiding Officer, LARRA, Varanasi, wherein it has been indicated that after the award dated 30.07.2013 the acquisition proceeding has been dropped and the scheme has been shifted to some other place. The irrigation department had deposited the compensation amount with the respondent no.4 but the same has not been lifted by the tenure holders. The compensation amount has also been returned to the irrigation department. The tenure holders are in possession of the acquired land but the name of the irrigation department has been entered in the revenue department. The Presiding Officer, LARRA had directed the opposite parties to file written explanation and if the acquisition proceeding has been dropped, the names of the tenure holder have been recorded or not. In compliance of the aforesaid orders, the respondent no.4 has not submitted any reply till date.

8. Admittedly, the matter is pending before the learned LARRA, Varanasi. It is also admitted that till date the petitioners have not lifted the compensation. At no point of time, the actual physical possession has been taken by the authority and the petitioners are still in possession of the land in question. At this stage, we are not inclined to decide the issue whether the actual physical possession has been taken by the authority or not. We find that the authority has not utilised the land for the purpose for which it was acquired and as such, the application under Section 48 (1) of the Act, 1894 is to be considered by the State Government.

9. Considering the claim, as has been set up, the writ petition is disposed of with observation that in case the petitioners move an appropriate application before the State Government for releasing their holdings in accordance with law within two weeks from today alongwith all details, the said application is to be considered by the State Government strictly in accordance with law within next three months. Order Date :- 8.7.2025 RKP RAKESH KUMAR PATEL RAKESH KUMAR PATEL High Court of Judicature at Allahabad High Court of Judicature at Allahabad