IN THE HIGH COURT OF JUDICATURE AT ALLAHABAD
MAHESH CHANDRA TRIPATHI, KUNAL RAVI SINGH
Sidharth – Appellant
Versus
State of U.P. – Respondent
JUDGMENT :
Mahesh Chandra Tripathi, J.
Table of Contents
| Section | Description |
|---|---|
| A. | Appearance of Counsel |
| B. | Prayer |
| C. | Facts of the Case |
| D. | Submissions on Behalf of Petitioners |
| E. | Submissions on Behalf of the respondent – GDA |
| EE. | Submissions on Behalf of the State - respondents |
| F. | Discussion and Findings |
| I. | Nature and Purpose of the Project |
| II. | Effect of Earlier Proceedings Under the Land Acquisition Act of 1894 |
| III. | Section 11 – Preliminary Notification and its Legal Effect |
| IV. | SIA Process – Statutory Framework and Compliance |
| V. | Section 15 – Hearing of Objections |
| VI. | Section 19 – Declaration of Acquisition |
| VII. | Section 21 – Notice to Persons Interested and Opportunity of Hearing |
| VIII. | Sections 23 and 26 to 31 – Enquiry, Award and Compensation |
| IX. | The 80% Purchase/Consent Requirement under the Policy, 2023 |
| X. | Rehabilitation and Resettlement – Statutory Compliance |
| XI. | Right to Property under Article 300-A and Safeguards under the Act, 2013 |
| XII. | Non-Invocation of the Urgency Clause Under Section 40 of the Act, 2013 |
| XIII. | Judicial Review of Acquisition – Governing Principles |
| XIV. | Precedent in WRIT-C No. 41339 of 2025 (Vijay Pal Singh) reported in 2026 (5) ADJ 320 (DB): |
| XIV. | Remedy under Section 64 of the Act, 2013 |
| G. | Conclusion |
| H. | Final Or |
Compliance with statutory requirements for land acquisition is critical, but national interest may override individual objections when procedures are followed. The court upheld the legality of the ac....
Mandatory procedures for acquisition under the Act of 2013 must be strictly followed
Land acquisition proceedings are invalid if statutory requirements are not met, particularly regarding notifications and timelines, as established by the Land Acquisition Act and the 2013 Act.
The court established that non-compliance with Section 5A of the Land Acquisition Act invalidates acquisition proceedings, emphasizing the necessity of adhering to principles of natural justice.
If there is failure to publish notification in two daily newspapers, notification and consequential proceedings for acquiring land would stand vitiated for non-compliance of essential conditions of S....
Procedural lapses in land acquisition notification, hearing, and timelines vitiate proceedings, but completed construction and record loss warrant fresh award under original Act rather than new regim....
The acquisition process must comply with statutory provisions of timely final notification and personal hearing, failure of which undermines legal validity.
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