High Court · 2025

2. The petitioner had earlier filed a writ petition bearing Writ C No.726 of 2023 challenging the notice dated 18.12.2020 in respect of Land Pooling Yojna and relief No.2 in the said writ petition was for issuance of a writ in the nature of Mandamus commanding the opposite party No.1 to 4 therein to stop Land Pooling Yojna for purposes of Awasiya Yojna and compensate the petitioners therein before acquiring the land in question. The said petition was disposed of on 30.01.2023 in the following terms:- "(1) Heard the learned counsel for the petitioners, learned Standing Counsel who appears on behalf of the State-respondents, Shri Ratnesh Chandra, who appears for the Respondent no.2 and perused the record. (2) This petition has been filed by the petitioner for the following main prayer:- "A writ, order or direction in the nature of Certiorari to quash the Notice dated 18.12.2020 in respect of Land Pooling Yojna for purposes of Awasiya Yojna which is situated at Sithauli Khurd, Khasra No.1, 1Kha,3, 4,5kha, 27, 28, 31, 40, 92 and at Village Mohari Kala, Khasra No.640 Gha 0.253 area, New Jail Road, Mohan Lal Ganj, Lucknow which is issued by the opposite party no.2 to 4 without any prior intimation and communicating with the petitioners who are owners of land in question, II. A writ, order or direction in the nature of Mandamus commanding to the opposite party no.1 to 4 to stop Land Pooling Yojana for purposes Awasiya Jojna and compensate to the petitioners before acquiring the land in question". (3) Learned counsel for the petitioners, at the very outset, has submitted that the petitioners may be permitted to not press the Prayer no.1, at this stage. (4) The facts as narrated in the writ petition are that the petitioners have purchased a land by a registered sale deed from the opposite party no.5 for residential purpose on different dates. The Notification was issued under Section 28 of U.P. Awas Evam Vikas Parishad Adhiniyam, 1965, on 18.12.2020 by the Respondent no.2 for acquisition of land including the land of the petitioners.The petitioners have submitted their representations but till date no decision has been taken by the respondent no.4. (5) On the other hand, the opposite party no.5 from whom the plots/ land was purchased by the petitioners are exerting pressure to give consent in his favour and delivery of possession of the land to the opposite party no.2. (6) Shri Ratnesh Chandra, appearing on behalf of the Respondent nos.2 & 3, has submitted that all these issues could be seen while deciding the objections of the petitioners. (7) At this stage, learned counsel for the petitioners has confined his prayer to the extent that the Respondent no.3 may be directed to decide the objections/ representations preferred by the petitioners prior to passing of the order under Section 32 and the petitioners may be given liberty to make a fresh Representation bringing on record all the relevant documents in their favour before the Respondents. (8) On the request of the learned counsel for the petitioners, the present writ petition is finally disposed of with a liberty to the petitioners to file a fresh Objections/ Representation within a period of one week from today. If such objections/ representation is made by the petitioners to the Respondent no.3, the Respondent no.3 shall consider the objections of the petitioners prior to passing of the order under Section 32 of the Act within a period of two weeks' thereafter."

3. Apart from the fact that the representation as permitted by a coordinate Bench of this Court in the earlier writ petition was not submitted within the time granted, an application for extension of time granted by the order dated 30.01.2023 was filed which was dismissed for want of prosecution on 30.01.2024. Most important in the interregnum the notification under Section 32 of the U.P. Awas Evam Vikas Parishad Adhiniyam, 1965 (hereinafter referred to as "Act, 1965") has been issued on 05.10.2023. The representation as referred in the earlier order dated 30.01.2023 had to be submitted within one week, which was to be considered prior to passing of the order under Section 32 of the 1965, Act. The notification has already been published on 05.10.2023. The time granted was not extended by the coordinate Bench of this Court in the earlier writ petition.

4. Now, this writ petition has been filed on 10.02.2025 challenging the notification dated 05.02.2025 by which applications were invited from the persons desirous of offering their land in Land Pooling Yojna so that the agreement may be entered into with the land owners, however, there was stipulation of time and the last date was 10.02.2025 till 5:00 P.M. This writ petition has been filed on 10.02.2025 itself challenging the said notification.

5. In our view, the relief No.1 is not maintainable in view of the earlier writ petition filed by the petitioners wherein, a notification dated 18.12.2020 was challenged. The relief No.2 is for disposal of representation dated 16.05.2024. We have perused the said representation wherein the petitioners have prayed that he/she is giving his/her consent to include his/her residential plot of land in the Land Pooling Yojna under protest and duress without prejudice to any of his/her legal rights. It is further prayed that he/she may very kindly be compensated in terms of the market value of the said plot/land much before acquiring the land in question strictly in terms of the provisions of the Act, 1965. If this was the relief sought, it should have been prayed in the first writ petition itself. The petitioners cannot seek relief piece meal in a matter pertaining to land acquisition.

6. At this stage, the petitioners' counsel says that he will seek the pooling of his land in Land Pooling Yojna unconditionally i.e. bereft of the conditions mentioned in the representation dated 16.05.2024 and an application would be submitted in this regard positively within ten days.

7. In view of the aforesaid, if such an application is submitted and there is no legal impediment in considering the same then it can be considered. No further writ petitions would be entertainable at the behest of the petitioners with regard to this issue.

8. With the aforesaid observation/direction, the writ petition is disposed of. [Om Prakash Shukla, J.] [Rajan Roy, J.] Order Date :- 17.2.2025 -Piyush- PIYUSH YADAV High Court of Judicature at Allahabad, Lucknow Bench

2. The petitioner had earlier filed a writ petition bearing Writ C No.726 of 2023 challenging the notice dated 18.12.2020 in respect of Land Pooling Yojna and relief No.2 in the said writ petition was for issuance of a writ in the nature of Mandamus commanding the opposite party No.1 to 4 therein to stop Land Pooling Yojna for purposes of Awasiya Yojna and compensate the petitioners therein before acquiring the land in question. The said petition was disposed of on 30.01.2023 in the following terms:- "(1) Heard the learned counsel for the petitioners, learned Standing Counsel who appears on behalf of the State-respondents, Shri Ratnesh Chandra, who appears for the Respondent no.2 and perused the record. (2) This petition has been filed by the petitioner for the following main prayer:- "A writ, order or direction in the nature of Certiorari to quash the Notice dated 18.12.2020 in respect of Land Pooling Yojna for purposes of Awasiya Yojna which is situated at Sithauli Khurd, Khasra No.1, 1Kha,3, 4,5kha, 27, 28, 31, 40, 92 and at Village Mohari Kala, Khasra No.640 Gha 0.253 area, New Jail Road, Mohan Lal Ganj, Lucknow which is issued by the opposite party no.2 to 4 without any prior intimation and communicating with the petitioners who are owners of land in question, II. A writ, order or direction in the nature of Mandamus commanding to the opposite party no.1 to 4 to stop Land Pooling Yojana for purposes Awasiya Jojna and compensate to the petitioners before acquiring the land in question". (3) Learned counsel for the petitioners, at the very outset, has submitted that the petitioners may be permitted to not press the Prayer no.1, at this stage. (4) The facts as narrated in the writ petition are that the petitioners have purchased a land by a registered sale deed from the opposite party no.5 for residential purpose on different dates. The Notification was issued under Section 28 of U.P. Awas Evam Vikas Parishad Adhiniyam, 1965, on 18.12.2020 by the Respondent no.2 for acquisition of land including the land of the petitioners.The petitioners have submitted their representations but till date no decision has been taken by the respondent no.4. (5) On the other hand, the opposite party no.5 from whom the plots/ land was purchased by the petitioners are exerting pressure to give consent in his favour and delivery of possession of the land to the opposite party no.2. (6) Shri Ratnesh Chandra, appearing on behalf of the Respondent nos.2 & 3, has submitted that all these issues could be seen while deciding the objections of the petitioners. (7) At this stage, learned counsel for the petitioners has confined his prayer to the extent that the Respondent no.3 may be directed to decide the objections/ representations preferred by the petitioners prior to passing of the order under Section 32 and the petitioners may be given liberty to make a fresh Representation bringing on record all the relevant documents in their favour before the Respondents. (8) On the request of the learned counsel for the petitioners, the present writ petition is finally disposed of with a liberty to the petitioners to file a fresh Objections/ Representation within a period of one week from today. If such objections/ representation is made by the petitioners to the Respondent no.3, the Respondent no.3 shall consider the objections of the petitioners prior to passing of the order under Section 32 of the Act within a period of two weeks' thereafter."

3. Apart from the fact that the representation as permitted by a coordinate Bench of this Court in the earlier writ petition was not submitted within the time granted, an application for extension of time granted by the order dated 30.01.2023 was filed which was dismissed for want of prosecution on 30.01.2024. Most important in the interregnum the notification under Section 32 of the U.P. Awas Evam Vikas Parishad Adhiniyam, 1965 (hereinafter referred to as "Act, 1965") has been issued on 05.10.2023. The representation as referred in the earlier order dated 30.01.2023 had to be submitted within one week, which was to be considered prior to passing of the order under Section 32 of the 1965, Act. The notification has already been published on 05.10.2023. The time granted was not extended by the coordinate Bench of this Court in the earlier writ petition.

4. Now, this writ petition has been filed on 10.02.2025 challenging the notification dated 05.02.2025 by which applications were invited from the persons desirous of offering their land in Land Pooling Yojna so that the agreement may be entered into with the land owners, however, there was stipulation of time and the last date was 10.02.2025 till 5:00 P.M. This writ petition has been filed on 10.02.2025 itself challenging the said notification.

5. In our view, the relief No.1 is not maintainable in view of the earlier writ petition filed by the petitioners wherein, a notification dated 18.12.2020 was challenged. The relief No.2 is for disposal of representation dated 16.05.2024. We have perused the said representation wherein the petitioners have prayed that he/she is giving his/her consent to include his/her residential plot of land in the Land Pooling Yojna under protest and duress without prejudice to any of his/her legal rights. It is further prayed that he/she may very kindly be compensated in terms of the market value of the said plot/land much before acquiring the land in question strictly in terms of the provisions of the Act, 1965. If this was the relief sought, it should have been prayed in the first writ petition itself. The petitioners cannot seek relief piece meal in a matter pertaining to land acquisition.

6. At this stage, the petitioners' counsel says that he will seek the pooling of his land in Land Pooling Yojna unconditionally i.e. bereft of the conditions mentioned in the representation dated 16.05.2024 and an application would be submitted in this regard positively within ten days.

7. In view of the aforesaid, if such an application is submitted and there is no legal impediment in considering the same then it can be considered. No further writ petitions would be entertainable at the behest of the petitioners with regard to this issue.

8. With the aforesaid observation/direction, the writ petition is disposed of. [Om Prakash Shukla, J.] [Rajan Roy, J.] Order Date :- 17.2.2025 -Piyush- PIYUSH YADAV High Court of Judicature at Allahabad, Lucknow Bench