High Court · 2025

1. Heard learned counsel for the petitioner and learned Standing Counsel for the State and Shri Ratnesh Chandra, learned counsel for respondent nos.2 and 3.

2. In view of the order proposed to be passed, issuance of notice to respondent nos.4 & 5 is dispensed with.

3. This petition has been filed with the following main prayers:- "(i) Issue a writ, order or direction in the nature of Mandamus thereby commanding the respondents authorities, to pay compensation towards acquired land of the petitioner under the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 of the acquired land as per the Land Pooling Policy being issued by the Government of Uttar Pradesh, as the respondent no.2, issued notification under Section 28 of U.P. Awas and Vikas Parishad Adhiniyam for development of some villages of city Lucknow, for creation of 'Nai Jail Road Bhumi Vikas Avam Grahsthan Yojna Mohanlalganj, Lucknow' in pursuance of Land Pooling Policy of the Government of Uttar Pradesh. (ii) Issue a writ, order or direction, in the nature of Mandamus thereby commanding the respondents authorities, to restrain the illegal, arbitrary, malafide and discriminatory action of respondent authorities whereby without following any due process/ procedure provided under the Act, 2013 and Land Pooling Policy of Government of Uttar Pradesh, the respondents authorities are acquired and take forcible possession of the land of the petitioner for creation of project 'Nai Jail Road Bhumi Vikas Avam Grahsthan Yojna, Mohanlalganj, Lucknow in which neither any notice is served over the petitioner as per the provisions of Section 29 of U.P. Awas Evam Vikas Parishad Adhiniyam, 1965, nor the objection of the petitioner is considered by the respondents authorities."

4. It has been submitted by learned counsel for the petitioner that the petitioner wanted a residential plot for construction of his house and he approached the respondent no.5- E- Square Homes Private Ltd. which claimed that it had purchased the land of Village Sithauli Khurd, Mohari Kalan, pargana and Tehsil Mohanlalganj, Lucknow from their respective owners. After purchase of such land from the original tenure holders, respondent no.5 had also taken permission for changing the nature of agricultural land for non-agircultural purpose under the provisions of Section 143 of the U.P. Z.A. & L.R. Act from the Competent Authority. The said land was developed by plotting it for residential purposes. The petitioner purchased 1250 sq.ft. for a sale consideration of Rs.7,88,275/- through a registered sale deed dated 10.03.2017. He was allotted a residential plot No.D-4 by the respondent no.5. Later on, the petitioner came to know that certain area of Village Sithauli Khurd is going to be acquired by Awas Evam Vikas Parishad for a Project, namely, Nai Jail Road Bhumi Vikas Avam Grahsthan Yojna Mohanlalganj, Lucknow, however, the land already purchased by the respondent no.5- E-Square Homes Pvt. Ltd. has been kept out of the acquisition proceedings.

5. Later on some agreement took place between the respondent nos.2 and 3 with the respondent no.5 and now the petitioner has come to know that Khasra No.25 minjumla and 26 minjumla of Village Sithauli Khurd, from which the petitioner's plot no.D-4 has been carved out, is also being acquired. A public notice was issued on 29.12.2021 inviting the objections from the recorded tenure holders by 04.01.2022. The respondent no.5 called a meeting of all the plot holders including the petitioner and asked the petitioner to surrender the sale deed in favour of the company and also to execute the Power of Attorney in favour of the respondent no.4 and it was also revealed that the company respondent no.5 has already executed the agreement with the respondent no.2 under the U.P. Land Pooling Policy.

6. It has been submitted by learned counsel for the petitioner that the petitioner purchased a plot of 1250 sq. ft for a residential purpose in an already developed area by the respondent no.5 and the petitioner will get only 312.5 sq. ft of plot area under the agreement entered into between the respondent no.5 and respondent nos.2 & 3. The petitioner has sent a representation to the respondent no.2, where he has not challenged the acquisition but he has prayed that compensation be provided as per the provisions of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (hereinafter referred to as "the Act of 2013").

7. The apprehension of the petitioner as expressed by the Counsel is that since the respondent nos.2 and 3 have entered into an agreement with the respondent no.5 privately and the purchasers of residential plots from the respondent no.5 have not been involved in any such decision, only the respondent no.5 shall be heard and not the petitioner while determining the compensation.

8. Learned counsel appearing for the Awas Avam Vikas Parishad has pointed out that till date the respondent no.5, E- Square Homes Private Ltd. is the recorded tenure holder insofar as Khasra No.1 minjumla and 3 minjumla & Khasra No.27 of Sithauli Khurd are concerned, and, therefore, public notice has been issued to the respondent no.5, the recorded tenure holder for filing objections with regard to the proposed acquisition. However, for determining of compensation, all interested persons including subsequent purchasers shall be heard in accordance with the provisions of the Act of 2013 read with Adhiniyam 1965.

9. This petition is disposed of with a direction to the respondent nos.2 and 3 as well as Additional District Magistrate (L/A) to give the petitioner proper opportunity of hearing in terms of the new Act of 2013 and the Adhiniyam of 1965 insofar as determining of compensation is concerned. . (Brij Raj Singh,J.) (Sangeeta Chandra,J.) Order Date :- 4.8.2025 Anupam S/- ANUPAM SINGH PATEL High Court of Judicature at Allahabad, Lucknow Bench

1. Heard learned counsel for the petitioner and learned Standing Counsel for the State and Shri Ratnesh Chandra, learned counsel for respondent nos.2 and 3.

2. In view of the order proposed to be passed, issuance of notice to respondent nos.4 & 5 is dispensed with.

3. This petition has been filed with the following main prayers:- "(i) Issue a writ, order or direction in the nature of Mandamus thereby commanding the respondents authorities, to pay compensation towards acquired land of the petitioner under the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 of the acquired land as per the Land Pooling Policy being issued by the Government of Uttar Pradesh, as the respondent no.2, issued notification under Section 28 of U.P. Awas and Vikas Parishad Adhiniyam for development of some villages of city Lucknow, for creation of 'Nai Jail Road Bhumi Vikas Avam Grahsthan Yojna Mohanlalganj, Lucknow' in pursuance of Land Pooling Policy of the Government of Uttar Pradesh. (ii) Issue a writ, order or direction, in the nature of Mandamus thereby commanding the respondents authorities, to restrain the illegal, arbitrary, malafide and discriminatory action of respondent authorities whereby without following any due process/ procedure provided under the Act, 2013 and Land Pooling Policy of Government of Uttar Pradesh, the respondents authorities are acquired and take forcible possession of the land of the petitioner for creation of project 'Nai Jail Road Bhumi Vikas Avam Grahsthan Yojna, Mohanlalganj, Lucknow in which neither any notice is served over the petitioner as per the provisions of Section 29 of U.P. Awas Evam Vikas Parishad Adhiniyam, 1965, nor the objection of the petitioner is considered by the respondents authorities."

4. It has been submitted by learned counsel for the petitioner that the petitioner wanted a residential plot for construction of his house and he approached the respondent no.5- E- Square Homes Private Ltd. which claimed that it had purchased the land of Village Sithauli Khurd, Mohari Kalan, pargana and Tehsil Mohanlalganj, Lucknow from their respective owners. After purchase of such land from the original tenure holders, respondent no.5 had also taken permission for changing the nature of agricultural land for non-agircultural purpose under the provisions of Section 143 of the U.P. Z.A. & L.R. Act from the Competent Authority. The said land was developed by plotting it for residential purposes. The petitioner purchased 1250 sq.ft. for a sale consideration of Rs.7,88,275/- through a registered sale deed dated 10.03.2017. He was allotted a residential plot No.D-4 by the respondent no.5. Later on, the petitioner came to know that certain area of Village Sithauli Khurd is going to be acquired by Awas Evam Vikas Parishad for a Project, namely, Nai Jail Road Bhumi Vikas Avam Grahsthan Yojna Mohanlalganj, Lucknow, however, the land already purchased by the respondent no.5- E-Square Homes Pvt. Ltd. has been kept out of the acquisition proceedings.

5. Later on some agreement took place between the respondent nos.2 and 3 with the respondent no.5 and now the petitioner has come to know that Khasra No.25 minjumla and 26 minjumla of Village Sithauli Khurd, from which the petitioner's plot no.D-4 has been carved out, is also being acquired. A public notice was issued on 29.12.2021 inviting the objections from the recorded tenure holders by 04.01.2022. The respondent no.5 called a meeting of all the plot holders including the petitioner and asked the petitioner to surrender the sale deed in favour of the company and also to execute the Power of Attorney in favour of the respondent no.4 and it was also revealed that the company respondent no.5 has already executed the agreement with the respondent no.2 under the U.P. Land Pooling Policy.

6. It has been submitted by learned counsel for the petitioner that the petitioner purchased a plot of 1250 sq. ft for a residential purpose in an already developed area by the respondent no.5 and the petitioner will get only 312.5 sq. ft of plot area under the agreement entered into between the respondent no.5 and respondent nos.2 & 3. The petitioner has sent a representation to the respondent no.2, where he has not challenged the acquisition but he has prayed that compensation be provided as per the provisions of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (hereinafter referred to as "the Act of 2013").

7. The apprehension of the petitioner as expressed by the Counsel is that since the respondent nos.2 and 3 have entered into an agreement with the respondent no.5 privately and the purchasers of residential plots from the respondent no.5 have not been involved in any such decision, only the respondent no.5 shall be heard and not the petitioner while determining the compensation.

8. Learned counsel appearing for the Awas Avam Vikas Parishad has pointed out that till date the respondent no.5, E- Square Homes Private Ltd. is the recorded tenure holder insofar as Khasra No.1 minjumla and 3 minjumla & Khasra No.27 of Sithauli Khurd are concerned, and, therefore, public notice has been issued to the respondent no.5, the recorded tenure holder for filing objections with regard to the proposed acquisition. However, for determining of compensation, all interested persons including subsequent purchasers shall be heard in accordance with the provisions of the Act of 2013 read with Adhiniyam 1965.

9. This petition is disposed of with a direction to the respondent nos.2 and 3 as well as Additional District Magistrate (L/A) to give the petitioner proper opportunity of hearing in terms of the new Act of 2013 and the Adhiniyam of 1965 insofar as determining of compensation is concerned. . (Brij Raj Singh,J.) (Sangeeta Chandra,J.) Order Date :- 4.8.2025 Anupam S/- ANUPAM SINGH PATEL High Court of Judicature at Allahabad, Lucknow Bench