Devi Deen and 2 Others vs State of U.P. Thru. Prin. Secy. Revenue Lko. and 4 Others — Allahabad HC (2025) — LawSathi Research

Devi Deen and 2 Others vs State of U.P. Thru. Prin. Secy. Revenue Lko. and 4 Others — Allahabad HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Interim directions only: petitioners to submit/initiate proceedings for physical division of Gata No.439 (minjumla) before the revenue authorities, hearing the Gram Sabha and other necessary parties; division to be undertaken within three months ignoring administrative-side reports; pleadings to be exchanged between the parties within six weeks; matter to be listed again after three months. Final compensation and withdrawal-from-acquisition questions left open.

Issue for consideration

How compensation is to be paid to the petitioners for their acquired land bearing Gata No.439 (minjumla), in which they admittedly have tenancy rights, given NHAI's contention that only the Gram Sabha-recorded part was sufficient and used and that the petitioners' land was not utilized. +1 more

Court's answer

A physical division of the minjumla holding should be done by the revenue authorities through an application/proceedings submitted/initiated by the petitioners, after hearing the Gram Sabha and other necessary parties; based on such division of holdings by metes and bounds it will be clear whether the petitioners' land has been utilized by the NHAI for public purpose.

Ratio / Principle

The division of the holding shall be undertaken at the earliest, within three months, ignoring whatever reports may have been prepared on the administrative sides.

Key takeaways

The court found it unexplainable how, if the Gata is minjumla, the NHAI had determined which land has been utilized and which has not.obiter¶8

Detailed headnote1 paragraphs

Allahabad High Court (Lucknow Bench), Court No. 2, WRIT-C No. 574 of 2025, order dated 12.2.2025, bench of Hon'ble Rajan Roy, J. and Hon'ble Om Prakash Shukla, J. Petitioners (Devi Deen and 2 others) hold admitted tenancy rights over acquired Gata No.439 (minjumla); the question of compensating them is pending before the competent authority under Section 3H(3), National Highways Act, 1956, where NHAI contends that part of the Gata is Gram Sabha land recorded as such, that such part was sufficient and used for highway construction, and that the petitioners' land was not utilized. Unable to see how NHAI distinguished utilized from unutilized land in a minjumla Gata, the court directs the revenue authorities to physically divide the holding by metes and bounds upon an application/proceedings initiated by the petitioners after hearing the Gram Sabha and other necessary parties, within three months, ignoring administrative-side reports. A further question left open: whether the opposite parties can withdraw from the acquisition after taking possession and rendering the award, and compensation for denial of use meanwhile. Pleadings within six weeks; relisting after three months.

Court No. - 2

Case :- WRIT - C No. - 574 of 2025

Petitioner :- Devi Deen And 2 Others Respondent :- State Of U.P. Thru. Prin. Secy. Revenue Lko. And 4 Others

Counsel for Petitioner :- Pramod Kumar Yadav,Santosh Kr. Yadav Warsi Counsel for Respondent :- C.S.C.,Dilip Kumar Pandey,Sarvesh Kumar Dubey

Hon'ble Rajan Roy,J. Hon'ble Om Prakash Shukla,J.

Heard.

Pleadings be exchanged between the parties within six weeks.

The question regarding payment of compensation to the petitioners for their land bearing Gata No.439 minjumla which has been acquired and in respect of which the petitioners admittedly have tenancy rights, is pending consideration before the competent authority under Section 3 H(3) of the National Highways Act, 1956. The contention of the NHAI before the competent authority is that part of the said Gata is Gram Sabha land and is recorded as such and that part itself is sufficient and has been utilized for construction of the highways and the land of the petitioners have not been utilized. However, we fail to understand as to how, if the Gata is minjumla, the NHAI has determined as to which land has been utilized and which has not been utilized.

We are, therefore, of the opinion that a physical division of the holding should be done by the revenue authorities by an application/proceedings to be submitted/initiated by the petitioners and after hearing the Gram Sabha and such other parties which may be necessary parties in such proceedings. Based on such division of holdings by metes and bounds, it will be clear as to whether the land of the petitioners has been utilized by the NHAI for public purpose or not.

Apart from it, the other question is as to whether the opposite parties can withdraw from the acquisition after acquiring the land of the petitioners, taking possession and also rendering of the award, if so, whether the petitioners will not be entitled to be compensated for being denied the use of land for the period during which the possession remained with the opposite parties. This of course is subject to the permissibility of such an action.

The division of holding shall be undertaken at the earliest say within three months ignoring whatever reports may have been prepared on the administrative sides.

List after three months.

( Om Prakash Shukla,J. ) (Rajan Roy,J.)

Order Date :- 12.2.2025 Saurabh

Digitally signed by :- SAURABH VERMA High Court of Judicature at Allahabad, Lucknow Bench