Business Standard, 16 Oct 2014, Lucknow: The Allahabad High Court has ruled that citizen’s land could not be acquired without acquisition in accordance with lawfollowed by payment of compensation.
The Lucknow bench of court, ruled that unless the land was acquired in accordance with the provisions of Land Acquisition Act or any other law in force, state authorities have no right to dispossess citizens from their lawful right to enjoy the property.
A division bench of Justice Devi Prasad Singh and JusticeArvind Kumar Tripathi pronounced the judgement yesterday while allowing a writ petition filed by Sakha Husain and another person.
The petitioners had sought a direction for payment of compensation for land acquired for construction of link service road parallel to Lucknow-Faizabad national highway.
The petitioners’ counsel submitted that in spite of lengthy communications between the department and the state government, the compensation had not been paid.
The petition was opposed on behalf of the state government.
The court directed the state to pay compensation of Rs 3,13,658 within two months to the petitioners with an interest of 10 per cent per annum with effect from November 2007.
It also imposed cost of Rs five lakh on the state to be deposited with in three month.
It directed that the petitioners shall be entitled to withdraw Rs four lakh from it and Rs one lakh shall be remitted to mediation and conciliation centre of the High Court’s Lucknow bench.
“It shall be open to state and its authorities to recover the costs from the persons who are accountable for not making payment of compensation to the petitioners and keeping the matter pending since 2007,” it said.