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RAJESH BINDAL, J. J. MUNIR
Nasir Ali – Appellant
Versus
State of U. P. – Respondent
ORDER :
1. The three petitioners have come together and instituted the present writ petition, because their distinct and individual causes of action are not different. The causes of action of the petitioners involve common question of facts and law, prompting them to combine against the same set of respondents, against whom they want relief. In substance, the petitioners' prayer is two fold: firstly, that the respondents be commanded by a mandamus not to demolish the petitioners' houses, standing over their respective plots of land until consideration of their case by the respondents, canvassed through a representation dated 31.05.2022; and secondly, an order restraining the respondents not to interfere with the petitioners' peaceful possession over their respective plots of land, except in accordance with law.
2. The facts giving rise to this petition are these: Nasir Ali, the first petitioner is a resident of Village Harungala, Post R.K. University, District Bareilly and currently resides at Village Dohariya, Tehsil and District Bareilly. The second petitioner, Smt. Hasina is a resident of Village Chandpur Bichpuri, Tehsil and District Bareilly and presently resides at Village Doha
The court established that failure to notify landowners and to take possession in accordance with the law invalidates the land acquisition process.
Section 24(2) of the 2013 Act does not create a new cause of action to question finalized land acquisition proceedings where possession was taken and compensation paid.
Once land is vested in the government after acquisition, it cannot be returned to the original owners, even if not utilized for the intended purpose.
The main legal point established in the judgment is that the acceptance of the acquisition and the award by the writ petitioners, along with the possession of the acquired land and the entitlement to....
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