A writ petition was been filed. Lands of Gayatri Devi and other two where been unlawfully acquired by the government for constructing Link Road from village Shitalpur (Tikari) to Gorapur (Bakseda) Sikandra. It was admitted by the government counsel that no compensation was been paid to the petitioner in lieu of the said land.
Grievance of the petitioner is that without acquiring the land lawfully, the respondent authorities are constructing public road over the land of the petitioners. The land in question has been acquired by the State, admittedly no compensation has yet been given to the petitioner.
The Chief Secretary was directed by the bench of Justice Shashi Kant Gupta and Justice Pankaj Bhatia to take appropriate action against all the officials who take the possession of private land without giving the compensation as it was brought to the attention of court through government order dated 25.04.2019.
The state of Uttar Pradesh has been reprimanded by the Allahabad High Court for its practice its practice of taking the possession of private land without giving the compensation in lieu of the land taken by the state.
“Before taking the possession, compensation as provided under the relevant statute has to be paid by the authorities. Under no circumstances the State should either acquire the land or take possession in contravention of the Right to Fair Compensation Act or any other relevant statute or prescribed procedure under the law. The act of the authorities concerned is in violation of the Article 14 and Article 300A of the Constitution of India. Under Section 300A of the Constitution of India, no person can be deprived of his property except by authority of law,” said the court. “Article 300A proclaims that a person cannot be deprived of his property merely by executive fiat without any specific legal authority or without support of law made by a competent legislature. Although right to property is no longer the fundamental right but still it is a constitutional right,” said the court.
A bench of Justice Shashi Kant Gupta and Justice Pankaj Bhatia also reminded the government that the right to property might no longer be a fundamental right but it still is a constitutional right and also a human right.
“We are constrained to record our strong displeasure on the trend of taking possession of the private land of the citizens without acquisition or giving any compensation to them. Such practice is unsound and should be deprecated in no uncertain language. State authorities for the purpose of widening the road are taking the possession of the private land without acquisition or giving any fair compensation as provided under the relevant law”
“We may emphasize that before taking possession of the land from its owner, the relevant provisions of law and rules made there under must be strictly adhered to” says Hon’ble Court.
The Court directed “Chief Secretary, Government of Uttar Pradesh, Lucknow to ensure that action be taken against the erring officials who take the possession of the land from the owners illegally without adhering to the statutory provisions”
Judgement/Order-Gayatri Devi And 2 Others V State of U.P
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