The Times Of India, 12 Sep 2014, Lucknow: The Lucknow bench of the Allahabad High Court on Thursday scrapped acquisition of a large piece of land situated at Malesemau village in the state capital meant for expansion of Amar Shaheed Path, Gomti Nagar. The decision will affect those who were allotted residential plots in sector-6 of Gomtinagar extension.
A division bench of justices Sanjai Mishra and B K Srivastava said “in view that the award for compensation to the farmer under the old Land Acquisition Act 1894 was made more than five years prior to enforcement of the Right To Fair Compensation and Transparency in Land Acquisition, Rehabilitation, and Resettlement Act 2013 and the fact that the compensation has not been paid till date, we do not find any difficulty in setting aside the acquisition”
The farmer, Bhusai, had moved the court seeking quashing the acquisition of his land situated at plot number 423 in Malesemau village, measuring about one Bigha, 16 Biswa and one Biswansi. The state government had acquired the land in year 2000. The amount of compensation was determined on October 21, 2008. But no compensation was paid to the farmer till date, submitted the petitioner’s counsel Kshemendra Shukla.
It was admitted on behalf of the Lucknow Development Authority that the state government had not disbursed compensation to the petitioner till date, though it had deposited the amount to the state. Allowing the petition of the farmer, the court quashed the acquisition of the land and released it in his favour.
LDA officials, when contacted, said “we will decide future course of action after reading the HC order in detail.” They admitted that LDA had acquired land in 2000 to build Shaheed Path and surrounding areas into residential localities. “The land whose acquisition was scrapped by the court comes under sector 6 of the Gomtinagar extension. The court ruling will affect around 10-12 residential plots. These plots have been allotted, though registries have not been done as yet. Gomtinagar extension,” they added.
Officials also said “the plots were allotted to applicants sometime back and the development of infrastructures like roads, drains, sewerage system, electricity connection, drinking water supply was underway.” As per LDA rate of the area, land rates around Shaheed Path are around Rs 15-20 thousand per square metre. This implies a heavy loss to the allottees that might have to settle down with compensation or seek another plot in lieu of the original, after development is halted on that land.