Property rights are constitutionally protected and cannot be violated without due process and just compensation.

(Delivered by Hon’ble Prashant Kumar, J.)

1. Heard Sri Madan Gopal Tripathi and Sri Shivam Kumar Mishra, learned counsel for the petitioners, Sri Mohan Singh, learned counsel for the respondent No.5 and Sri Akhilesh Kumar Chaturvedi, learned Additional Chief Standing Counsel appearing on behalf of State respondent nos.1 to 4.

2. The present writ petition has been filed by the petitioners under article 226 of the Constitution of India with the following prayer:-

“(i) Issue a writ, order or direction in the nature of mandamus thereby commanding the opposite parties to pay promptly a due compensation to the petitioners for the land admeasuring area 0.109 hectare out of Gata No. 328 admeasuring total area 1.025 hectare situated in village Andka, Pargana & Block-Siddhaur, Tehsil-Haidargarh, District-Barabanki, in accordance to the Right to Fair Compensation and Transparency Acquisition, Rehabilitation and Resettlement Act, 2013, as prayed in the applications made by the petitioners to the opposite parties which are collectively contained as Annexure No. 8, in the interest of justice.”

3. The factual matrix of the case is that the petitioners are the owners and cultivators of Plot No.328, measuring 1.025 hectares, which is in their possession since the time of their ancestors. Out of the total area of the said plot, the Gram Panchayat-Andka, respondent No.5 herein, has constructed a 4 meter-wide public way (khadanja) over an area measuring approximately 0.109 hectares, without adopting due process of land acquisition provided under the law.

4. During the construction of the aforesaid Khadanja, the Village Head and the concerned officials of the Gram Panchayat assured the petitioners that correspondence had been made with higher authorities of the Panchayat Raj Department and the compensation for the acquired land would be paid to them upon release of funds.

5. To ascertain the actual area of land utilized for road construction, demarcation proceedings were conducted by the Revenue Inspector, Siddhaur, on 18.08.2023. The demarcation report confirmed that although a road was already recorded on the south side of Plot No. 328, new construction had been carried out by the Gram Pradhan of Gram Panchayat-Andka on the east, north, and west sides over a total length of 272 meters having width of 4 meters amounting to 0.109 hectares, which is not recorded as a road in revenue records. The Sub-Divisional Magistrate, Haidergarh, vide order dated 16.04.2024, accepted the demarcation report and, while noting that the construction was done in public interest, had held that the possession of the land could not be delivered to the petitioners.

6. The petitioners for the purpose of compensation posted their grievances through registered post to the concerned respondents on 20.07.2024 and again posted reminder letter on 07.08.2024 through registered post to the respondents but even after that they did not consider the grievances of the petitioners. Against the inaction of the respondents, the petitioners herein has filed the instant writ petition with the aforesaid prayers.

7. Learned counsel for the petitioners submits that the construction of the public way (khadanja) has been carried out without acquisition and without payment of compensation, which is contrary to law.

8. He further submits that the petitioners are legally entitled for compensation at four times to the current market value of the acquired land as per the provisions of the Right to Fair Compensation and Transparency in Land Acquisition, Reh