Allahabad HC stays land acquisition proceedings for schemes of UP housing body

Lucknow, A Lucknow bench of the Allahabad High Court on Wednesday stayed the ongoing land acquisition proceedings being undertaken for various schemes of the Uttar Pradesh Awas Evam Vikas Parishad in Ayodhya.

The court ordered all parties, including the state government and district authorities, to maintain the status quo at the concerned sites.

The case was posted for further hearing on Thursday.

A division bench comprising Justices Rajan Roy and Manjive Shukla passed the order on a batch of 11 writ petitions.

During the proceedings, the applicants’ counsel concluded their arguments.

However, when asked to respond, lawyers appearing for the state government’s housing and urban development department, the Ayodhya district magistrate and the UPAEVP expressed their inability to begin arguments on Wednesday.

Taking cognizance of this, the bench observed that the case has been pending for a long time and that unjustified delay would not be appropriate.

It ordered that if the state or the housing body fails to make arguments on the next date, they may submit written submissions instead.

According to the petitions, the acquisition of land in Ayodhya is being carried out under the Uttar Pradesh Awas Evam Vikas Parishad Act of 1965, which stipulates that acquisition-related benefits must match the most beneficial provisions available under the law.

The petitioners argued that the Right to Fair Compensation and Transparency in Land Acquisition Rehabilitation and Resettlement Act, 2013 provides significantly higher compensation and additional safeguards such as rehabilitation, resettlement and social impact assessment.

The petitioners argued that proceeding under the 1965 Act would deprive landowners and farmers of these enhanced benefits and result in procurement at throwaway prices.

After hearing the parties, the court prima facie noted that procurement under the 1965 Act appeared less beneficial compared to the 2013 Act.

In view of this, the bank has deemed it fit to stop the procurement process which was started under notifications issued in 2020 and thereafter.

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