Smt.Shakuntala Singh vs State of U.P. Thru. Prin. Secy. Housing Lko and 3 Others — Allahabad HC (2025) — LawSathi Research

Smt.Shakuntala Singh vs State of U.P. Thru. Prin. Secy. Housing Lko and 3 Others — Allahabad HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Ten days' time (and no more) granted to the Lucknow Development Authority to file its counter affidavit; matter listed for 10.11.2025, by which date the State of U.P. is to file a short counter affidavit bringing on record all documents relating to the acquisition of land in Village Ahimamau, Pargana Lucknow, Tehsil Sarojini Nagar, District Lucknow.

Issue for consideration

Whether the whole of Khasra/Plot No.13, Village Ahimamau (recorded as 4-7-2-0 Bigha in CH-45) was acquired in the 2000-01 acquisition, given that only 4-4-2-0 Bigha was taken for Amar Shaheed Path/Gomti Nagar Extension Scheme and 3 Biswa (0-3-0-0 Bigha) remained to be acquired, for which acquisition proceedings under the new Act of 2013 have been initiated by the District Magistrate, Lucknow. +1 more

Ratio / Principle

Ten days' time, and no more, granted to the Lucknow Development Authority to file its counter affidavit.

Key takeaways

Matter listed for 10.11.2025, by which date a short counter affidavit by the State of U.P. shall be filed bringing on record all documents relating to the acquisition of land in Village Ahimamau, Pargana Lucknow, Tehsil Sarojini Nagar, District Lucknow.ratio¶19

Detailed headnote1 paragraphs

WRIT-C No. 4631 of 2025 - Smt. Shakuntala Singh v. State of U.P. thr. Prin. Secy. Housing Lko and 3 others (High Court of Judicature at Allahabad, Lucknow Bench, Court No. 2; Sangeeta Chandra and Amitabh Kumar Rai, JJ.) - interim order dated October 31, 2025: Records show that in the 2000-01 acquisition under the Gomti Nagar Extension Scheme (notification issued under Sections 4/17 dated 05.09.2000; declaration under Section 6/17 dated 16.02.2001), Khasra/Plot No.13 of Village Ahimamau, Pargana Lucknow, Tehsil Sarojini Nagar, District Lucknow, measuring 4-4-2-0 Bigha, was acquired for Amar Shaheed Path and vested in the State Government/subsequently transferred to the LDA, whereas CH-45 records the whole plot as 4-7-2-0 Bigha in the name of Laxminarayan S/o Buddhu; per Tehsildar, Sadar (letter dated 07.07.2021) and Project Director, NHAI (letter dated 09.07.2021), the balance was never acquired and no sale deed appears to have been executed between NHAI and the tenure holders; acquisition of the remaining 0-3-0-0 Bigha (3 Biswa) was proposed under the new Act of 2013, with the District Magistrate, Lucknow proceeding in the matter (departmental letter dated 15.07.2021). Respondent No.4 (NHAI) had filed its counter affidavit and the petitioner a rejoinder, but the Lucknow Development Authority had not complied with the order dated 23.05.2025 requiring counter affidavits from all respondents; the Court granted the LDA ten days' time, and no more, to file its counter affidavit and listed the matter for 10.11.2025, requiring the State of U.P. to file a short counter affidavit by that date bringing on record all documents relating to the Village Ahimamau acquisition.

HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW

WRIT - C No. - 4631 of 2025

Smt.Shakuntala Singh

.....Petitioner(s)

Versus

State Of U.P. Thru. Prin. Secy. Housing Lko And 3 Others

.....Respondent(s)

Counsel for Petitioner(s) : Sachin Garg, Shreya Prakash Counsel for Respondent(s) : C.S.C., Ratnesh Chandra, Samidha

Court No. - 2

HON'BLE MRS. SANGEETA CHANDRA, J. HON'BLE AMITABH KUMAR RAI, J.

1. Shri N.K. Seth, learned Senior Advocate assisted by Shri Sachin Garg, learned counsel for the petitioner has pointed out the order dated 23.05.2025, wherein a counter affidavit was required to be filed by all the respondents. Ms. Samidha, learned counsel appearing for the respondent No.4- National Highways Authority of India states that she has already filed a counter affidavit and the petitioner has filed a rejoinder affidavit to the same. However, the Lucknow Development Authority has not filed any counter affidavit.

2. Learned counsel for the petitioner has further pointed out a letter dated 13.09.2021 sent by the Tehsildar, Land Acquisition (respondent No.3) to the petitioner, Smt. Shakuntala Singh W/o Shri Radhey Shyam Singh. It mentions that the land in Village Ahimamau was acquired under the Gomti Nagar Extension Scheme in the year 2000-01. Khasra No.13, area 4-4-2-0 Bigha was also acquired for Amar Shaheed Path and the land vested in the State Government which was subsequently transferred to the LDA. However, the Tehsildar, Sadar by his letter dated 07.07.2021 has stated that the whole of Plot No.13 shown as admeasuring 4-7-2-0 Bigha in CH-45 with the recorded tenure holder's name as Laxminarayan S/o Buddhu had not been acquired as is evident from the letter sent by the Project Director, NHAI dated 09.07.2021. No sale deed appears to have been executed between the NHAI and the tenure holders. On the basis of the information supplied by Tehsildar, Sadar and the Project Director, NHAI, a proposal was

WRIC No. 4631 of 2025

2

made for the acquisition of 0-3-0-0 Bigha of land of Plot No.13 under the new Act of 2013 and the District Magistrate, Lucknow was proceeding in the matter as is evident from the departmental letter dated 15.07.2021.

3. It is evident from the perusal of the letter dated 13.09.2021 that the CH-45 records an area of 4-7-2-0 Bigha for Plot No.13 in Village Ahimamau but the acquisition took place in 2000-01 of 4-4-2-0 Bigha of land and 3 Biswa of land was left to be acquired. The proceedings now appear to have been initiated by the District Magistrate, Lucknow on the proposal for acquisition of the remaining 3 Biswa of land of Plot No.13.

4. Shri Abhai Pratap Singh, Advocate holding brief of Shri Ratnesh Chandra, learned counsel for the respondent Nos.2 and 3 prays for time to file a counter affidavit.

5. Time prayed for is granted. Ten days' time and no more, is granted to the LDA to file its counter affidavit.

6. List this matter on 10.11.2025 , by which date a short counter affidavit by the State of U.P. shall also be filed bringing on record all documents relating to the acquisition of land in Village Ahimamau, Pargana Lucknow, Tehsil Sarojini Nagar, District Lucknow as per the notification issued under Sections 4/17 dated 05.09.2000 and declaration under Section 6/17 dated 16.02.2001.

(Amitabh Kumar Rai,J.) (Mrs. Sangeeta Chandra,J.)

October 31, 2025 Shubhankar

Digitally signed by :- SHUBHANKAR THAKUR High Court of Judicature at Allahabad, Lucknow Bench