Saroj Bala v. State of UP and

Case :- WRIT - C No. - 25690 of 2025 Petitioner :- Smt. Saroj Bala Respondent :- State of U.P. and 5 Others Counsel for Petitioner :- Abhinav Mishra Counsel for Respondent :- C.S.C.,Nipun Singh Hon'ble Mahesh Chandra Tripathi,J. Hon'ble Kshitij Shailendra,J.

1. Heard Shri Abhinav Mishra, learned counsel for the petitioner, Ms. Uttara Bahuguna, learned Additional Chief Standing Counsel for the State-respondent nos.1, 3, 4, & 6 and Shri Naman Agarwal, Advocate holding brief of Shri Nipun Singh, learned counsel for the respondent Nos.2 and 5.

2. The instant writ petition has been filed praying inter-alia for the following principal reliefs: "i) Issue a writ, order or direction in the nature of mandamus commanding and directing to the respondents to pay compensation as per prevalent circle rate in pursuance of "The Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013" alongwith 18% interest to the petitioner for acquired land i.e. Gata No.147 measuring area 0.0210 hectare (210 Sq. meter) situated at Village Mirzapur, Pargana Loni, Tehsil and District Ghaziabad forthwith or within stipulated period as fixed by this Hon'ble Court. ii) Issue a writ, order or direction in the nature of mandamus commanding and directing the respondent no.2 to consider and decide the representation of the petitioner dated 16.4.2025 in accordance with law forthwith or within stipulated period as fixed by this Court."

3. Shri Naman Agarwal, learned counsel appearing for the respondents has raised an objection regarding maintainability of the writ petition on the ground that petitioner's land was duly acquired in the year 1998 under Section 28 of the Uttar Pradesh Avas Evam Vikas Parishad Adhiniyam, 1965 for meeting out the housing problem in the urban areas. The possession was also taken by Uttar Pradesh Avas Evam Vikas Parishad on 23.11.2006 and the land had been vested in the State free from all encumbrances. Thereafter, the Competent Authority had passed the award and determined the compensation as per Right to Fair Compensation and Transparency in Short title, Land Acquisition, Rehabilitation and Resettlement Act, 2013. The compensation amount had been deposited in the office of Additional District Magistrate (Land Acquisition), Ghaziabad on 23.03.2015. In para-18 of the writ petition, it is also accepted that the respondent authorities have paid compensation amount of Rs.3,39,590/- to the petitioner on 21.9.2024.

4. Learned counsel for the respondents further submits that for the same cause of action, the petitioner had earlier instituted Writ C No.16709 of 2020 (Saroj Bala vs. State of UP and 5 others), wherein the petitioner had prayed for direction to the respondent authorities to pay compensation alongwith interest to the petitioner for having acquired her land comprising of Gata No.147 measuring 0.0210 hectare, Village- Mirzapur, Pargana- Loni, Tehsil and District- Ghaziabad since 10.11.1998 or to provide a residential plot to the petitioner. A Division Bench of this Court vide order dated 08.04.2024 had disposed of the said writ petition, with detailed observations. He further submits that the petitioner was well aware of the acquisition process and the consequential award passed in 2015 but she did not raise any timely challenge before the appropriate legal forum. In the Writ (C) No.16709 of 2020 filed by the petitioner, a limited liberty was granted to her to make a representation for releasing the compensation amount before the Competent Authority, without disturbing the acquisition. The instant writ petition is misconceived and the same is liable to be dismissed.

5. We find that the acquisition proceedings were initiated way back in 1998 and culminated in award passed in 2005. It is also admitted that the compensation amount has also been deposited in the office of Additional District Magistrate (Land Acquisition), Ghaziabad on 23.03.2015 but on account of certain dispute in the family, the amount has not been released. The belated attempt to revive the matter through writ petition is clearly barred by delay and latches, particularly in light of the settled legal position that land, once acquired and vested in the State, cannot be restored back on mere assertions of possession or non-payment of compensation. The Division Bench has already passed a detailed order on 08.04.2024 in Writ C No.16709 of 2020. For ready reference, the same is reproduced herein below:- "1. The prayer made in the instant petition is for a direction to the respondent- Authorities to pay compensation alongwith interest to the petitioner for having acquired her land comprising of Gata No.147 measuring 0.0210 hectare, Village- Mirzapur, Pargana- Loni, Tehsil and District- Ghaziabad since 10.11.1998 or to provide a residential plot to the petitioner.

2. The land of the petitioner was acquired by U.P. Awas Evam Vikas Parishad under the provisions of the U.P. Awas Evam Vikas Parishad Adhiniyam, 1965. The award was made on 31.08.2015. The petitioner filed Writ-C No.32895 of 2019 before this Court raising grievance in respect of the compensation amount determined by the respondents but the said writ petition was got withdrawn with liberty to approach the appropriate forum for redressal of the grievance. The order of this Court is dated 17.10.2019. The case of the petitioner is that she, thereafter, approached the Authorities for payment of compensation but the same has not been paid to her so far. Copy of one such representation dated 05.11.2019 has been annexed with the writ petition.

3. It is stated in paragraph no.10 of the counter affidavit that 6 per cent developed land was allotted to those tenure holders, whose name were there in the revenue records at the time of issuance of notification under Section 28 of the Adhiniyam. It is also stated that in respect of claim for compensation, it is open to the petitioner to approach the Authority and withdraw the compensation amount after submitting requisite documents.

4. Learned counsel for the petitioner submits that a direction be issued to the respondents to release the compensation amount in favour of the petitioner.

5. Learned counsel appearing on behalf of U.P. Awas Evam Vikas Parishad as well as learned Standing Counsel fairly state that in case the petitioner approaches the 4th respondent with prayer to release the compensation amount, the said application will be considered in accordance with law.

6. Accordingly, without expressing any opinion on merits, the petition is disposed of with liberty to the petitioner to approach respondent no.4 with prayer to release compensation amount alongwith true attested copy of the instant order within two weeks from today. The petitioner shall annex with her application, the ID proof, Bank details and other documents, as may be required by the respondents. The application filed by the petitioner will be considered and appropriate decision shall be taken within next six weeks under due intimation to the petitioner."

6. In the facts and circumstances, we are not inclined to entertain the instant writ petition for the relief, as has been prayed for and the same is accordingly dismissed. Order Date :- 19.8.2025 RKP RAKESH KUMAR PATEL High Court of Judicature at Allahabad

Case :- WRIT - C No. - 25690 of 2025 Petitioner :- Smt. Saroj Bala Respondent :- State of U.P. and 5 Others Counsel for Petitioner :- Abhinav Mishra Counsel for Respondent :- C.S.C.,Nipun Singh Hon'ble Mahesh Chandra Tripathi,J. Hon'ble Kshitij Shailendra,J.

1. Heard Shri Abhinav Mishra, learned counsel for the petitioner, Ms. Uttara Bahuguna, learned Additional Chief Standing Counsel for the State-respondent nos.1, 3, 4, & 6 and Shri Naman Agarwal, Advocate holding brief of Shri Nipun Singh, learned counsel for the respondent Nos.2 and 5.

2. The instant writ petition has been filed praying inter-alia for the following principal reliefs: "i) Issue a writ, order or direction in the nature of mandamus commanding and directing to the respondents to pay compensation as per prevalent circle rate in pursuance of "The Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013" alongwith 18% interest to the petitioner for acquired land i.e. Gata No.147 measuring area 0.0210 hectare (210 Sq. meter) situated at Village Mirzapur, Pargana Loni, Tehsil and District Ghaziabad forthwith or within stipulated period as fixed by this Hon'ble Court. ii) Issue a writ, order or direction in the nature of mandamus commanding and directing the respondent no.2 to consider and decide the representation of the petitioner dated 16.4.2025 in accordance with law forthwith or within stipulated period as fixed by this Court."

3. Shri Naman Agarwal, learned counsel appearing for the respondents has raised an objection regarding maintainability of the writ petition on the ground that petitioner's land was duly acquired in the year 1998 under Section 28 of the Uttar Pradesh Avas Evam Vikas Parishad Adhiniyam, 1965 for meeting out the housing problem in the urban areas. The possession was also taken by Uttar Pradesh Avas Evam Vikas Parishad on 23.11.2006 and the land had been vested in the State free from all encumbrances. Thereafter, the Competent Authority had passed the award and determined the compensation as per Right to Fair Compensation and Transparency in Short title, Land Acquisition, Rehabilitation and Resettlement Act, 2013. The compensation amount had been deposited in the office of Additional District Magistrate (Land Acquisition), Ghaziabad on 23.03.2015. In para-18 of the writ petition, it is also accepted that the respondent authorities have paid compensation amount of Rs.3,39,590/- to the petitioner on 21.9.2024.

4. Learned counsel for the respondents further submits that for the same cause of action, the petitioner had earlier instituted Writ C No.16709 of 2020 (Saroj Bala vs. State of UP and 5 others), wherein the petitioner had prayed for direction to the respondent authorities to pay compensation alongwith interest to the petitioner for having acquired her land comprising of Gata No.147 measuring 0.0210 hectare, Village- Mirzapur, Pargana- Loni, Tehsil and District- Ghaziabad since 10.11.1998 or to provide a residential plot to the petitioner. A Division Bench of this Court vide order dated 08.04.2024 had disposed of the said writ petition, with detailed observations. He further submits that the petitioner was well aware of the acquisition process and the consequential award passed in 2015 but she did not raise any timely challenge before the appropriate legal forum. In the Writ (C) No.16709 of 2020 filed by the petitioner, a limited liberty was granted to her to make a representation for releasing the compensation amount before the Competent Authority, without disturbing the acquisition. The instant writ petition is misconceived and the same is liable to be dismissed.

5. We find that the acquisition proceedings were initiated way back in 1998 and culminated in award passed in 2005. It is also admitted that the compensation amount has also been deposited in the office of Additional District Magistrate (Land Acquisition), Ghaziabad on 23.03.2015 but on account of certain dispute in the family, the amount has not been released. The belated attempt to revive the matter through writ petition is clearly barred by delay and latches, particularly in light of the settled legal position that land, once acquired and vested in the State, cannot be restored back on mere assertions of possession or non-payment of compensation. The Division Bench has already passed a detailed order on 08.04.2024 in Writ C No.16709 of 2020. For ready reference, the same is reproduced herein below:- "1. The prayer made in the instant petition is for a direction to the respondent- Authorities to pay compensation alongwith interest to the petitioner for having acquired her land comprising of Gata No.147 measuring 0.0210 hectare, Village- Mirzapur, Pargana- Loni, Tehsil and District- Ghaziabad since 10.11.1998 or to provide a residential plot to the petitioner.

2. The land of the petitioner was acquired by U.P. Awas Evam Vikas Parishad under the provisions of the U.P. Awas Evam Vikas Parishad Adhiniyam, 1965. The award was made on 31.08.2015. The petitioner filed Writ-C No.32895 of 2019 before this Court raising grievance in respect of the compensation amount determined by the respondents but the said writ petition was got withdrawn with liberty to approach the appropriate forum for redressal of the grievance. The order of this Court is dated 17.10.2019. The case of the petitioner is that she, thereafter, approached the Authorities for payment of compensation but the same has not been paid to her so far. Copy of one such representation dated 05.11.2019 has been annexed with the writ petition.

3. It is stated in paragraph no.10 of the counter affidavit that 6 per cent developed land was allotted to those tenure holders, whose name were there in the revenue records at the time of issuance of notification under Section 28 of the Adhiniyam. It is also stated that in respect of claim for compensation, it is open to the petitioner to approach the Authority and withdraw the compensation amount after submitting requisite documents.

4. Learned counsel for the petitioner submits that a direction be issued to the respondents to release the compensation amount in favour of the petitioner.

5. Learned counsel appearing on behalf of U.P. Awas Evam Vikas Parishad as well as learned Standing Counsel fairly state that in case the petitioner approaches the 4th respondent with prayer to release the compensation amount, the said application will be considered in accordance with law.

6. Accordingly, without expressing any opinion on merits, the petition is disposed of with liberty to the petitioner to approach respondent no.4 with prayer to release compensation amount alongwith true attested copy of the instant order within two weeks from today. The petitioner shall annex with her application, the ID proof, Bank details and other documents, as may be required by the respondents. The application filed by the petitioner will be considered and appropriate decision shall be taken within next six weeks under due intimation to the petitioner."

6. In the facts and circumstances, we are not inclined to entertain the instant writ petition for the relief, as has been prayed for and the same is accordingly dismissed. Order Date :- 19.8.2025 RKP RAKESH KUMAR PATEL High Court of Judicature at Allahabad