Harinam Singh And Another v. State Of U.P.Throu.Secy. Avas Evam Shari Niyojan Lko.And Ors
Case Details
Acts & Sections
Cited in this judgment
no.2 has already withdrawn the writ petition and he is no longer interested in pursuing the same. It has been submitted that the said land was declared as surplus under the Urban Land (Ceiling and Regulation) Act, 1976 and after Section 10 (5), Section 10 (6) notification was not issued and actual physical possession was not taken, Guredeen 2 WRIC No. 2000126 of 2014 and Mewalal continued to be in actual physical possession of the land in question. The petitioner made an application to the ADM (Land Acquisition), Lucknow requesting him to release the property as per the provisions of the Urban Land (Ceiling and Regulation) Repeal Act of 1999. Consequently, the ADM (Land Acquisition)/ competent authority passed an order on 25.8.2012 releasing the aforesaid property in favour of the original tenure holders and also directed the Tehsildar Sadar for recording the name of Original tenure holders in the revenue record. Mutation was carried out on 04.9.2012 in favour the petitioners who are the legal heirs of original tenure holder. Copy of the order dated 25.8.2012 and relevant extract of the khatauni have been filed as Annexure-1 and 2 to the writ petition respectively. In the meantime, State Government has decided to install a sewage treatment plant in village Bharwara for which the State Government issued Gazette notification on
25.3.2008 for acquiring certain land of revenue village Bharwara along with two other villages. Some land of such villages was also acquired but 7.741 hectare land including the above said Gatas of the petitioners of surplus land was not acquired on the ground that the land was covered under the Urban Ceiling proceedings and vested in the State Government. Compensation has not been paid to the petitioners. It is evident from the letter of the Municipal Commissioner, Municipal Corporation, Lucknow dated 02.7.2008 written the Additional District Magistrate (Administration), Lucknow that the Nagar Nigam has requrested acquisition of unacquired land also for the purpose of setting up Sewage Treatment Plant at Bharwara. The Project Manager, Gomti Pradushan Niyantran, Ikai - I also wrote letters to the ADM, Lucknow and Municipal Commissioner on 18.02.2010 and 18.5.2011 wherein he has mentioned categorically regarding the payment of compensation of the above said land mentioning therein that certain land including the land of aforesaid gatas had not been acquired but are needed for sewage treatment plant and therefore should be acquired. Since 2010 no proceedings were held for acquisition of Gata No.1082 and 1086 part of Gata No.1056 and separate admeasuring 0.391 hectare which had not been acquired in the proceedings that were held initially. Payment was made to the petitioner no.1 and his two sisters daughters of Gurudeen for land which was acquired. It has been submitted that the petitioners have been made to suffer dispossession from their land only because the project Manager, Sewage treatment plant has enclosed the land of aforesaid three gatas including some unacquired part of Gata no. 1056 within 3 WRIC No. 2000126 of 2014 the boundary wall of Sewage Treatment Plant. Repeated representations have been given but to no avail, hence, this writ petition was filed. It has been pointed out that two counter affidavits have been filed, one on behalf of Nagar Nigam and other on behalf of ADM (Land Acquisition). Learned Standing Counsel who appears on behalf of Nagar Nigam Shri Amit Kumar Dwivedi has pointed out that initially a short counter affidavit was filed by the then Standing Counsel of Nagar Nigam denying the contents of the writ petition and stating that since Urban Land Ceiling Act proceedings had been initiated with respect to the aforesaid plots of land long time ago and the land being declared surplus stood vested in the State Government thereafter there was no need for acquisition of such land by initiating fresh proceedings for the same. Thereafter a supplementary counter affidavit has also been filed by the Nagar Nigam. In the supplementary counter affidavit filed by the Nagar Nigam it was stated that the land in question having been recorded in the name of Government under the Urban Land Ceiling Act has been transferred to the Lucknow Development Authority some time in the year 1996. No acquisition was required to be made of such land which already stood vested in the State Government and was transferred to the LDA and thereafter to the Nagar Nigam for construction of Sewage Treatment Plant. In the supplementary counter affidavit filed by the Nagar Nigam on 08.7.2019 the Nagar Nigam has enclosed copy of the list of plots of village Bharwara which includes the plots of the petitioner, the total area of such plots admeasuring 7.741 hectare which was not acquired as it was already covered under declaration of surplus land under the Urban Land and Ceiling Act of 1976. The Sewage treatment plant has been constructed on the land which was acquired and also land which vested in the State Government and thereafter was transferred to the Nagar Nigam. A copy of the notification under Section 10 (3) of the Urban Land and Ceiling Act, 1976 dated 13.9.1990 and notice under Section 10 (5) of the Act for taking possession issued on 24.01.1991 has been filed as annexures to the said supplementary counter affidavit. It has been submitted that a Government Order was issued on 11.12.1996 wherein all surplus land which were declared so under the Act of 1976 was transferred into the LDA for safekeeping with the condition that any other Government Department/ local body can apply for such land to be given to it on payment of necessary costs. Nagar Nigam has been given the land on the basis of such Government order and Sewage Treatment Plant has been constructed in public interest thereon. Shri Atul Kumar Dwivedi has pointed out the judgment rendered by the Hon'ble Supreme Court in the State of U.P. vs. Adarsh Sewa Sahakari Samiti Limited reported 4 WRIC No. 2000126 of 2014 in (2016) 12 SCC 493 where the Hon'ble Supreme Court has observed that after Section 10 (3) and Section 10 (5) notices have been issued, the land vests in the Government and it cannot be transferred by the original tenure holder to anyone by any means. The Supreme Court has observed on the basis of Section 10 (4) of the Urban Land and Ceiling Act, 1976 that (i) during the period commencing on the date of publication of notification under sub section (1) and ending with the date specified in the declaration made under Section 10 (3), no person shall transfer by way of sale, mortgage, gift, lease or otherwise any excess vacant land (including any part thereof) specified in the notification aforesaid and any such transfer made in the contravention of provisions of the Act shall be deemed to be null and void; and (ii) no person shall alter or cause to be altered such excess vacant land. It has been submitted on the basis of such judgment that after 10 (5) notice was issued in 1991, the land vested in the State Government and accordingly the State Government was recorded in the khatauni. However, it has been alleged in para 9 of the memo of the writ petition that the ADM (Land Acquisition/ competent Authority) has passed an order in year 2012 releasing such land and directing the Tehsildar to record the name of the original tenure holders in the revenue record which has also been done by the Tehsildar. In the counter affidavit filed on behalf of ADM (Land Acquisition) reference has been made to proceedings initiated under the Act of 1976 declaring some portion of land of Gata no.986, 1056, 1082, total admeasuring 16421.43 square meter was declared as surplus under Section 10 (3) on 13.9.1990 and thereafter notice under Section 10 (5) was issued on 24.01.1992. Total area of Gata No. 986, 1082 and 1086 of village Bharwara admeasuring 16144.83 square meter was declared surplus, hence, it was excluded from the land acquisition notification which was issued for villages Lonapur, Bharwara and Bhaisura for the purpose of sewage treatment plant to be set up. Notification under Section 4 (1) read with section 17 of the Land Acquisition Act was issued on 25.3.2008. Notification under Section 6 read with section 17 was issued on
26.6.2008. Acquisition was made on 0.391 hectare of Gata No.1056 which was not included in surplus land already declared under the Urban Land and Ceiling Act. It has been submitted that compensation for 0.391 hectare which was recorded in the name of Gurudeen son of Hublal has been given to his son, i.e., petitioner no.1 and to his two daughters Ramrati and Mayadevi. The petitioner had agreed to receive compensation at the rate of 9,88,000/- per bigha and therefore award was declared and he was given Rs.10,76,928/- for his share of 0.26067 hectare on 7.10.2010. Smt. Ramrati and Smt. Mayadevi daughters of Gurudeen did not give their consent and therefore award was declared under section 5 WRIC No. 2000126 of 2014 11 (1) on 06.4.2011 and Rs.1,82,151 has been paid to Smt. Ramrati and Rs.1,82,150 has been paid to Smt. Mayadevi on 18.6.2011. The State respondents have also placed reliance upon judgment rendered in the State of U.P. vs. Adarsh Sewa Sahkar Sewa Samiti Ltd. (aforecited) to say that Sewage treatment plant has been constructed on land which has already vested in the State Government and at the most petitioner can be given compensation under Section 11 of the Act of 1976. However, the State respondents have admitted that the Municipal Commissioner, Nagar Nigam has sent a proposal to the ADM for acquisition of land of the petitioner which has been enclosed within the boundary wall of the Sewerage Treatment Plant. Having considered the submissions made by the learned counsel for the petitioners and the counsel for the respondents and on the basis of the pleadings made in the writ petition we find that Section 10 (5) proceedings were admittedly taken way back in the year 1991. Land Acquisition proceedings were done thereafter presuming that land which had vested in the State Government under Section 10 (5) of the Act of 1976 need not be acquired. However, after the repeal Act of 1999 and various judgments of this Court and also of Supreme Court, the petitioners had approached the Additional District Magistrate (Land Acquisition) opposite party no.3 who being the competent authority/ Prescribed Authority passed an order for release of the aforesaid three gatas, i.e., Gata no.1082, 1056 M and 1086 of village Bharwara in favour of the original tenure holders Guruedeen and Mewa Lal sons of Hub Lal. This fact has not been disputed at any stage and after the order has been passed by the ADM (Land Acquisition) – Opposite party no.3, the competent Authority under the Urban Land Ceiling Act, land has been recorded in favour of the original tenure holder and their legal heirs. The State Government has not challenged the order passed by the opposite party no.3. The Nagar Nigam has also not challenged such orders. Insofar as the judgment rendered in the case of Adarsh Sewa Sahkari Samiti (aforecited) is concerned, the said judgment had noted that the original tenure holder against whom notice under Section 10 (3), 10 (5) has been issued had sold off the land to the respondent Adarsh Sewa Sahkari Samiti during the pendency of Urban Land ceiling proceedings, therefore, reference was made to the Section 10 (4) of the Act saying that the land vested in the State Government, when notice under Section 10 (3) of the Act of 1976 was issued could not have been transferred by the original tenure holders in favour of the Sahkari Samiti. However, such is not the case before us in the instant petition. The petitioner is the son of Gurudeen and Gurudeen son of Hublal was the original recorded tenure holder at the time when Urban Land ceiling proceedings were 6 WRIC No. 2000126 of 2014 initiated and even at the time of repeal of the Act in 1999. It is evident from the pleadings on record that actual physical possession was not taken from the recorded tenure holder under Section 10 (6) and under the impression that the land already stood vested in the State Government, no acquisition notification was issued under the Land Acquisition Act when land was proposed to be acquired of three villages for setting up sewage treatment plant at Bharwara. This Court is of the considered opinion that since possession was not taken under Section 10 (6) and the original recorded tenure holder continued to be in possession, now the only recourse open to the State Government is to acquire such land under the 2013 Act. This petition is allowed. A direction is issued to the State Government to issue necessary notification for acquisition of such land under the Right to Fair Compensation & Transparency in Land Acquisition, Rehabilitation & Resettlement Act, 2013, if they wish to remain in possession of land of Gata no.1056 area 1.111 hectare, Gata no.1082 and 1086 hectare of village Bharwara. If they do not need the land but have only enclosed it within the boundary wall of Sewage Treatment Plant it shall always be open for them to the release the land of the petitioner which they have forcibly occupied and tender to the petitioner rent for the period for which they continued in unauthorized occupation. Let appropriate orders be passed in this regard within three months from the date of production of certified copy of this order. December 10, 2025 (Amitabh Kumar Rai,J.) (Mrs. Sangeeta Chandra,J.) MANISH SAXENA High Court of Judicature at Allahabad, Lucknow Bench
no.2 has already withdrawn the writ petition and he is no longer interested in pursuing the same. It has been submitted that the said land was declared as surplus under the Urban Land (Ceiling and Regulation) Act, 1976 and after Section 10 (5), Section 10 (6) notification was not issued and actual physical possession was not taken, Guredeen 2 WRIC No. 2000126 of 2014 and Mewalal continued to be in actual physical possession of the land in question. The petitioner made an application to the ADM (Land Acquisition), Lucknow requesting him to release the property as per the provisions of the Urban Land (Ceiling and Regulation) Repeal Act of 1999. Consequently, the ADM (Land Acquisition)/ competent authority passed an order on 25.8.2012 releasing the aforesaid property in favour of the original tenure holders and also directed the Tehsildar Sadar for recording the name of Original tenure holders in the revenue record. Mutation was carried out on 04.9.2012 in favour the petitioners who are the legal heirs of original tenure holder. Copy of the order dated 25.8.2012 and relevant extract of the khatauni have been filed as Annexure-1 and 2 to the writ petition respectively. In the meantime, State Government has decided to install a sewage treatment plant in village Bharwara for which the State Government issued Gazette notification on
25.3.2008 for acquiring certain land of revenue village Bharwara along with two other villages. Some land of such villages was also acquired but 7.741 hectare land including the above said Gatas of the petitioners of surplus land was not acquired on the ground that the land was covered under the Urban Ceiling proceedings and vested in the State Government. Compensation has not been paid to the petitioners. It is evident from the letter of the Municipal Commissioner, Municipal Corporation, Lucknow dated 02.7.2008 written the Additional District Magistrate (Administration), Lucknow that the Nagar Nigam has requrested acquisition of unacquired land also for the purpose of setting up Sewage Treatment Plant at Bharwara. The Project Manager, Gomti Pradushan Niyantran, Ikai - I also wrote letters to the ADM, Lucknow and Municipal Commissioner on 18.02.2010 and 18.5.2011 wherein he has mentioned categorically regarding the payment of compensation of the above said land mentioning therein that certain land including the land of aforesaid gatas had not been acquired but are needed for sewage treatment plant and therefore should be acquired. Since 2010 no proceedings were held for acquisition of Gata No.1082 and 1086 part of Gata No.1056 and separate admeasuring 0.391 hectare which had not been acquired in the proceedings that were held initially. Payment was made to the petitioner no.1 and his two sisters daughters of Gurudeen for land which was acquired. It has been submitted that the petitioners have been made to suffer dispossession from their land only because the project Manager, Sewage treatment plant has enclosed the land of aforesaid three gatas including some unacquired part of Gata no. 1056 within 3 WRIC No. 2000126 of 2014 the boundary wall of Sewage Treatment Plant. Repeated representations have been given but to no avail, hence, this writ petition was filed. It has been pointed out that two counter affidavits have been filed, one on behalf of Nagar Nigam and other on behalf of ADM (Land Acquisition). Learned Standing Counsel who appears on behalf of Nagar Nigam Shri Amit Kumar Dwivedi has pointed out that initially a short counter affidavit was filed by the then Standing Counsel of Nagar Nigam denying the contents of the writ petition and stating that since Urban Land Ceiling Act proceedings had been initiated with respect to the aforesaid plots of land long time ago and the land being declared surplus stood vested in the State Government thereafter there was no need for acquisition of such land by initiating fresh proceedings for the same. Thereafter a supplementary counter affidavit has also been filed by the Nagar Nigam. In the supplementary counter affidavit filed by the Nagar Nigam it was stated that the land in question having been recorded in the name of Government under the Urban Land Ceiling Act has been transferred to the Lucknow Development Authority some time in the year 1996. No acquisition was required to be made of such land which already stood vested in the State Government and was transferred to the LDA and thereafter to the Nagar Nigam for construction of Sewage Treatment Plant. In the supplementary counter affidavit filed by the Nagar Nigam on 08.7.2019 the Nagar Nigam has enclosed copy of the list of plots of village Bharwara which includes the plots of the petitioner, the total area of such plots admeasuring 7.741 hectare which was not acquired as it was already covered under declaration of surplus land under the Urban Land and Ceiling Act of 1976. The Sewage treatment plant has been constructed on the land which was acquired and also land which vested in the State Government and thereafter was transferred to the Nagar Nigam. A copy of the notification under Section 10 (3) of the Urban Land and Ceiling Act, 1976 dated 13.9.1990 and notice under Section 10 (5) of the Act for taking possession issued on 24.01.1991 has been filed as annexures to the said supplementary counter affidavit. It has been submitted that a Government Order was issued on 11.12.1996 wherein all surplus land which were declared so under the Act of 1976 was transferred into the LDA for safekeeping with the condition that any other Government Department/ local body can apply for such land to be given to it on payment of necessary costs. Nagar Nigam has been given the land on the basis of such Government order and Sewage Treatment Plant has been constructed in public interest thereon. Shri Atul Kumar Dwivedi has pointed out the judgment rendered by the Hon'ble Supreme Court in the State of U.P. vs. Adarsh Sewa Sahakari Samiti Limited reported 4 WRIC No. 2000126 of 2014 in (2016) 12 SCC 493 where the Hon'ble Supreme Court has observed that after Section 10 (3) and Section 10 (5) notices have been issued, the land vests in the Government and it cannot be transferred by the original tenure holder to anyone by any means. The Supreme Court has observed on the basis of Section 10 (4) of the Urban Land and Ceiling Act, 1976 that (i) during the period commencing on the date of publication of notification under sub section (1) and ending with the date specified in the declaration made under Section 10 (3), no person shall transfer by way of sale, mortgage, gift, lease or otherwise any excess vacant land (including any part thereof) specified in the notification aforesaid and any such transfer made in the contravention of provisions of the Act shall be deemed to be null and void; and (ii) no person shall alter or cause to be altered such excess vacant land. It has been submitted on the basis of such judgment that after 10 (5) notice was issued in 1991, the land vested in the State Government and accordingly the State Government was recorded in the khatauni. However, it has been alleged in para 9 of the memo of the writ petition that the ADM (Land Acquisition/ competent Authority) has passed an order in year 2012 releasing such land and directing the Tehsildar to record the name of the original tenure holders in the revenue record which has also been done by the Tehsildar. In the counter affidavit filed on behalf of ADM (Land Acquisition) reference has been made to proceedings initiated under the Act of 1976 declaring some portion of land of Gata no.986, 1056, 1082, total admeasuring 16421.43 square meter was declared as surplus under Section 10 (3) on 13.9.1990 and thereafter notice under Section 10 (5) was issued on 24.01.1992. Total area of Gata No. 986, 1082 and 1086 of village Bharwara admeasuring 16144.83 square meter was declared surplus, hence, it was excluded from the land acquisition notification which was issued for villages Lonapur, Bharwara and Bhaisura for the purpose of sewage treatment plant to be set up. Notification under Section 4 (1) read with section 17 of the Land Acquisition Act was issued on 25.3.2008. Notification under Section 6 read with section 17 was issued on
26.6.2008. Acquisition was made on 0.391 hectare of Gata No.1056 which was not included in surplus land already declared under the Urban Land and Ceiling Act. It has been submitted that compensation for 0.391 hectare which was recorded in the name of Gurudeen son of Hublal has been given to his son, i.e., petitioner no.1 and to his two daughters Ramrati and Mayadevi. The petitioner had agreed to receive compensation at the rate of 9,88,000/- per bigha and therefore award was declared and he was given Rs.10,76,928/- for his share of 0.26067 hectare on 7.10.2010. Smt. Ramrati and Smt. Mayadevi daughters of Gurudeen did not give their consent and therefore award was declared under section 5 WRIC No. 2000126 of 2014 11 (1) on 06.4.2011 and Rs.1,82,151 has been paid to Smt. Ramrati and Rs.1,82,150 has been paid to Smt. Mayadevi on 18.6.2011. The State respondents have also placed reliance upon judgment rendered in the State of U.P. vs. Adarsh Sewa Sahkar Sewa Samiti Ltd. (aforecited) to say that Sewage treatment plant has been constructed on land which has already vested in the State Government and at the most petitioner can be given compensation under Section 11 of the Act of 1976. However, the State respondents have admitted that the Municipal Commissioner, Nagar Nigam has sent a proposal to the ADM for acquisition of land of the petitioner which has been enclosed within the boundary wall of the Sewerage Treatment Plant. Having considered the submissions made by the learned counsel for the petitioners and the counsel for the respondents and on the basis of the pleadings made in the writ petition we find that Section 10 (5) proceedings were admittedly taken way back in the year 1991. Land Acquisition proceedings were done thereafter presuming that land which had vested in the State Government under Section 10 (5) of the Act of 1976 need not be acquired. However, after the repeal Act of 1999 and various judgments of this Court and also of Supreme Court, the petitioners had approached the Additional District Magistrate (Land Acquisition) opposite party no.3 who being the competent authority/ Prescribed Authority passed an order for release of the aforesaid three gatas, i.e., Gata no.1082, 1056 M and 1086 of village Bharwara in favour of the original tenure holders Guruedeen and Mewa Lal sons of Hub Lal. This fact has not been disputed at any stage and after the order has been passed by the ADM (Land Acquisition) – Opposite party no.3, the competent Authority under the Urban Land Ceiling Act, land has been recorded in favour of the original tenure holder and their legal heirs. The State Government has not challenged the order passed by the opposite party no.3. The Nagar Nigam has also not challenged such orders. Insofar as the judgment rendered in the case of Adarsh Sewa Sahkari Samiti (aforecited) is concerned, the said judgment had noted that the original tenure holder against whom notice under Section 10 (3), 10 (5) has been issued had sold off the land to the respondent Adarsh Sewa Sahkari Samiti during the pendency of Urban Land ceiling proceedings, therefore, reference was made to the Section 10 (4) of the Act saying that the land vested in the State Government, when notice under Section 10 (3) of the Act of 1976 was issued could not have been transferred by the original tenure holders in favour of the Sahkari Samiti. However, such is not the case before us in the instant petition. The petitioner is the son of Gurudeen and Gurudeen son of Hublal was the original recorded tenure holder at the time when Urban Land ceiling proceedings were 6 WRIC No. 2000126 of 2014 initiated and even at the time of repeal of the Act in 1999. It is evident from the pleadings on record that actual physical possession was not taken from the recorded tenure holder under Section 10 (6) and under the impression that the land already stood vested in the State Government, no acquisition notification was issued under the Land Acquisition Act when land was proposed to be acquired of three villages for setting up sewage treatment plant at Bharwara. This Court is of the considered opinion that since possession was not taken under Section 10 (6) and the original recorded tenure holder continued to be in possession, now the only recourse open to the State Government is to acquire such land under the 2013 Act. This petition is allowed. A direction is issued to the State Government to issue necessary notification for acquisition of such land under the Right to Fair Compensation & Transparency in Land Acquisition, Rehabilitation & Resettlement Act, 2013, if they wish to remain in possession of land of Gata no.1056 area 1.111 hectare, Gata no.1082 and 1086 hectare of village Bharwara. If they do not need the land but have only enclosed it within the boundary wall of Sewage Treatment Plant it shall always be open for them to the release the land of the petitioner which they have forcibly occupied and tender to the petitioner rent for the period for which they continued in unauthorized occupation. Let appropriate orders be passed in this regard within three months from the date of production of certified copy of this order. December 10, 2025 (Amitabh Kumar Rai,J.) (Mrs. Sangeeta Chandra,J.) MANISH SAXENA High Court of Judicature at Allahabad, Lucknow Bench