Manish Kumar vs State of U.P. and 3 Others — Land Acquisition | Allahabad HC (2025)

Manish Kumar vs State of U.P. and 3 Others — Land Acquisition | Allahabad HC (2025)

What the court decided

AI extract

Outcome

Direction to respondent no.4 (District Magistrate) to decide the petitioner's representations dated 01.07.2024 and 23.08.2024 within eight weeks from communication of the order, along with photocopy of the representations, after hearing the petitioner, M/S OMAXE Limited and MVDA.

Issue for consideration

Whether the respondents should be directed to consider and decide the petitioner's representations dated 01.07.2024 and 23.08.2024 seeking release of his land bearing Plot no.548 (area 0.072 hectare) and Plot no.549 (area 0.398 hectare) from the acquisition proceedings, in circumstances where no award has been made and possession has not been taken.

Court's answer

Without expressing any opinion on the merits, the petition is disposed of with a direction to respondent no.4 (District Magistrate) to decide the petitioner's representations dated 01.07.2024 and 23.08.2024 within eight weeks from the date of communication of the order, along with photocopy of the representations, after hearing the petitioner, M/S OMAXE Limited and MVDA.

Ratio / Principle

The Court expressly declined to express any opinion on the merits of the petitioner's claim for release of the plots from acquisition; the question whether the acquisition proceedings have lapsed is left for the District Magistrate to decide.

Detailed headnote1 paragraphs

Allahabad High Court (Division Bench: Manoj Kumar Gupta & Anish Kumar Gupta, JJ.), WRIT - C No. 896 of 2025, order dated 15.1.2025 (Neutral Citation 2025:AHC:6517-DB): Petitioner sought release of Plot no.548 (0.072 ha) and Plot no.549 (0.398 ha) acquired under the Land Acquisition Act, 1894 (S.4 notification dated 15.12.2010; S.6 dated 19.12.2011) for an integrated township of M/S OMAXE Limited; no award made, possession not taken, land vacant. Earlier Writ-C No.52128 of 2013 (status quo operative); reliance placed on District Magistrate's order dated 27.10.2023 releasing land of Seashore Realtors Private Limited on the ground of lapse for want of award, and on OMAXE's communication dated 14.08.2024 conveying no objection to release. MVDA and the Standing Counsel raised no objection. Disposing of the petition without expressing any opinion on merits, the Court directed respondent no.4 (District Magistrate) to decide the petitioner's representations dated 01.07.2024 and 23.08.2024 within eight weeks of communication of the order, after hearing the petitioner, M/S OMAXE Limited and MVDA.

Neutral Citation No. - 2025:AHC:6517-DB

Court No. - 21

Case :- WRIT - C No. - 896 of 2025

Petitioner :- Manish Kumar Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Rama Goel Bansal,Shalini Goel Counsel for Respondent :- C.S.C.,Dharmendra Singh Chauhan

Hon'ble Manoj Kumar Gupta,J. Hon'ble Anish Kumar Gupta,J.

The prayer made in the instant petition is for a direction to the respondents to decide the representations of the petitioner dated 01.07.2024 and 23.08.2024 for releasing his land bearing Plot no.548 area 0.072 hectare and Plot no.549 area 0.398 hectare from the acquisition proceedings.

The case of the petitioner is that the aforesaid plots, which belong to the petitioner, were subjected to acquisition under the provisions of the Land Acquisition Act, 1894. The notification under Section 4 is dated 15.12.2010 and under Section 6 is dated 19.12.2011. The acquisition was for developing an integrated township by private developer, namely, M/S OMAXE Limited. However, no award for the subject land has been made till date nor its possession was taken nor it has been utilized by the said entity for development of township. It is lying vacant and, therefore, the petitioner has prayed for release of the said land in his favour. The petitioner had challenged the acquisition proceedings by filing Writ-C No.52128 of 2013 wherein an order of status quo is in operation in favour of the petitioner.

Learned counsel for the petitioner places reliance on an order passed by District Magistrate on 27.10.2023 in respect of one Seashore Realtors Private Limited also covered by the same acquisition proceedings. By the said order, the District Magistrate has released the land of the said company from acquisition proceedings holding that in absence of any award, the proceedings have lapsed.

Learned counsel for the petitioner also places reliance on a communication dated 14.08.2024 by M/S OMAXE Limited in which the said company informed MVDA that the land of the petitioner is still lying vacant and it is neither in possession of the

company nor it intends to utilize the same and, therefore, it has no objection in case it is released from acquisition proceedings.

Shri D.S. Chauhan, learned counsel appearing for MVDA states that he has no objection in case the District Magistrate i.e., respondent no.4 is directed to consider the prayer of the petitioner for release of his land on the ground that proceedings have lapsed. The same stand has been taken by learned Standing Counsel.

Accordingly, without expressing any opinion on merits, the petition is disposed of with direction to respondent no.4 to decide the representations of the petitioner dated 01.07.2024 and 23.08.2024 within eight weeks from the date of communication of the instant order alongwith photocopy of the representations, after hearing the petitioner and M/S OMAXE Limited as well as MVDA.

(Anish Kumar Gupta, J.) (Manoj Kumar Gupta, J.)

Order Date :- 15.1.2025 Ankit.

Digitally signed by :- ANKIT VISHWAKARMA High Court of Judicature at Allahabad