Disposed

Omwati Devi and 3 Others v. State of Up and 3 Others

Allahabad HC9 Jul 2024WRIC/17402/2024

Case brief

AI extract

What is this about?

Petitioners sought mandamus directing Yamuna Expressway Industrial Development Authority to vacate 100 sq. meters of unacquired land. The Authority stated it needed the land for a road and would purchase it by mutual negotiation or proceed with compulsory acquisition. The court permitted either course but restrained interference with petitioners' possession until title is secured.

What the court decided

AI extract

Omwati Devi and 3 Others vs State of Up and 3 Others — Land Acquisition | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC:124376-DB

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Court No. - 21

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Case :- WRIT - C No. - 17402 of 2024

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Petitioner :- Omwati Devi And 3 Others Respondent :- State Of Up And 3 Others Counsel for Petitioner :- Prem Chand Saroj Counsel for Respondent :- C.S.C.,Suresh Singh

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

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1. The instant writ petition has been filed praying for a writ of mandamus commanding the respondent-Authority - Yamuna Expressway Industrial Development Authority to vacate 100 sq. meters of land of Khasra No. 412 of Village, Dhanauri, Pargana Dankaur, Tehsil and District Gautam Budh Nagar, which is in its illegal possession, having not been acquired.

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Sri Suresh Singh, learned counsel for the respondent-Authority, has placed on record the written instructions dated 15.7.2024. According to it, out of 0.2720 hectare belonging to the petitioners, an area measuring 0.2620 hectare was acquired. Compensation therefor has already been paid to the affected persons. It is stated that 100 sq. meters of remaining land is also needed by the respondents, as it falls in the alignment of the road. The Authority will purchase the said land from the petitioners on basis of mutual negotiations and in case it does not succeed, Sri Suresh Singh, learned counsel for the respondent-Authority, submits that the Authority will go for compulsory acquisition of the said area. He further submits that so far the Authority has not utilized the said land and it continues to be in possession of the petitioners.

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In view of the aforesaid stand of the Authority, we leave it open to the petitioners to negotiate for sale of the said land if they are willing, or otherwise, it shall be open for the Authority to go for

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compulsory acquisition. However, until the Authority secures title over the subject land on basis of sale deed or compulsory acquisition, it will not interfere in the possession of the petitioners over the said land.

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The petition is disposed of accordingly.

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

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Order Date :- 2.8.2024 Jaideep/-

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Digitally signed by :- JAIDEEP BANERJEE High Court of Judicature at Allahabad

Omwati Devi and 3 Others v. State of Up and 3 Others

Case brief

What is this about?

What the court decided

Omwati Devi and 3 Others v. State of Up and 3 Others

Case brief

What is this about?

What the court decided

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