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IN THE HIGH COURT OF ALLAHABAD
MANOJ KUMAR GUPTA, ANISH KUMAR GUPTA
Krishna – Appellant
Versus
Union Of India – Respondent
JUDGMENT :
1. The present batch of petitions involves similar facts and legal issues, as well as the relief sought, and therefore they have been heard together and are being decided by a common order and judgment.
2. The prayer made in all the petitions is for issuance of writ of mandamus, commanding the respondents to release compensation amount for the acquired lands belonging to the petitioners in pursuance of the land acquisition proceedings conducted by the respondents.
3. It is admitted by the parties that the petitioners were granted agricultural lease of different parcels of land admeasuring 0.2000/0.3000 hectare, situated in Village Maniyapur, Pargana and Tehsil Narwal, District Kanpur Nagar, on 31.3.2003, after obtaining approval from the competent authority as per the law prevailing at the relevant time. Based on the same, the names of the petitioners were mutated in the revenue records. On 16.9.2009, a complaint was made by one Ram Khilawan, alleging irregularities in the allotment proceedings. It was registered as Case No. 18 of 2009-2010, under Section 198(4) of the U.P. Zamindari Abolition and Land Reforms Act, 1950 (for short ‘UPZALR Act’) in the court of Collector, Ka
Cancellation of land leases must adhere to statutory limitation periods; proceedings initiated beyond these limits are illegal and violate principles of natural justice.
The principle of limitation is fundamental in administrative proceedings, and actions taken after substantial delays are unsustainable under law.
Cancellation of agricultural lease after 11 years is barred by limitation, highlighting the importance of timely legal challenges in the context of land allotment under relevant laws.
The exercise of statutory authority must be within a reasonable period, and fraud vitiates all proceedings.
Cancellation proceedings initiated after the limitation period are time-barred and cannot be entertained.
The cancellation of land leases after a significant delay violates statutory provisions and principles of reasonable time, affirming the rights of long-term lessees under the U.P. Zamindari Abolition....
Mandatory provisions for cancellation of leases require notice and opportunity for hearing, underscoring the importance of due process.
The statutory requirement of notice before lease cancellation is crucial; failing to comply invalidates such actions, reinforcing principles of due process.
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