Allowed

Smt Renu Devi and Another v. State of U.P. and 4 Others

Allahabad HC20 Jul 2023WRIC/15639/2023

Case brief

AI extract

What is this about?

Petitioners sought a mandamus to prevent forced land delivery without adequate consideration. The court clarified that petitioners cannot be compelled to execute sale deeds under Karar Niyamawali against their will, though respondents may acquire land legally thereafter.

What did the court decide?

Directing respondents not to compel petitioners to hand over land or execute sale deeds under Karar Niyamawali if adequate consideration is not accepted.

Smt Renu Devi and Another Vs State of U.P. and 4 Others — Land Acquisition | Allahabad HC (2023)

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Neutral Citation No. - 2023:AHC:144586-DB

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Court No. - 21

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Case :- WRIT - C No. - 15639 of 2023

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Petitioner :- Smt Renu Devi And Another Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Nawal Kishor Mishra Counsel for Respondent :- C.S.C.,Chandan Agarwal,Pranjal Mehrotra,Suresh C. Dwivedi

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Hon'ble Manoj Kumar Gupta,J. Hon'ble Manish Kumar Nigam,J.

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The instant petition has been filed praying for a mandamus commanding the respondents not to deprive the petitioners of their property except in accordance with law.

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It seems that a notification under Section 3-A of the National Highways Act, 1956 was issued on 26.08.2021. According to the petitioner, final declaration under Section 3D has yet not been issued. The case of the petitioner is that the respondents are compelling the petitioners to hand over possession of their land and execute sale deed of their respective lands in favour of the respondents without paying adequate consideration.

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Sri M.C. Chaturvedi, learned Additional Advocate General appearing on behalf of respondent no. 5 and Sri Rajiv Gupta, learned Additional Chief Standing Counsel for the State respondents submits that the petitioners will not be compelled to sell their land. If they are not agreeable to hand over possession of their land by executing sale deeds, the respondents will issue the final notification followed by award in accordance with law.

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Having regard to the above stand of the respondents, the instant

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petition is disposed of in same terms. The respondents will not compel the petitioners to make over possession of their land to them under the Karar Niyamawali, if they do not agree to the consideration being offered to them. In such event, it shall be open to the respondents to proceed to acquire the land in accordance with law.

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The petition stand disposed of.

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Order Date :- 20.7.2023 Ved Prakash

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(Manish Kumar Nigam, J.) (Manoj Kumar Gupta, J.)

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Digitally signed by :- VED PRAKASH SHARMA High Court of Judicature at Allahabad

Smt Renu Devi and Another v. State of U.P. and 4 Others

Case brief

What is this about?

What did the court decide?

Smt Renu Devi and Another v. State of U.P. and 4 Others

Case brief

What is this about?

What did the court decide?

What the court decided

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