1. Background: U.P. Avas Evam Vikas Parishad (the Board) appeals against the High Court judgment quashing the land acquisition for Khasra No. 673 on the ground of procedural lapses (Para 2).

2. Statutory Framework: The U.P. Avas Evam Vikas Parishad Adhiniyam, 1965 (the 1965 Act) governs the land acquisition process for housing schemes. Sections 28, 29, and 30 of the Act outline the procedure for notifying affected parties and handling objections (Paras 3-6).

3. Board’s Actions: The Board issued a notice in 2004 for acquiring land for the Sultanpur Road Scheme but did not mention Khasra No. 673 (Para 8-9).

4. Respondents’ Claim: The respondents assert ownership of Khasra No. 673, alleging fraudulent entries were made in favor of others without following the legal procedure (Para 10-12).

5. High Court Observations: The High Court found that entries made in favor of Chandrika were questionable and deprived respondents of their right to object under Section 29 of the 1965 Act, thus quashing the acquisition process for Khasra No. 673 (Para 13-14).

Legal Analysis and Ratio

6. Non-Compliance with Statutory Requirements: The Court confirmed that Khasra No. 673 was not mentioned in the public notice, nor was any individual notice served to the respondents. This failure violated the procedure under Section 29 of the 1965 Act (Para 16).

7. Title Dispute: The Court recognized an ongoing title dispute but emphasized that this did not absolve the Board from the obligation of serving notice to those currently recorded as tenure holders (Para 17).

8. Right to Compensation: The acquisition process for Khasra No. 673 was still pending when the 2013 Act came into force. Therefore, compensation must be calculated under the provisions of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013, rather than the repealed 1894 Act (Para 18-19).

9. Future Course of Action: The Court directed the Board to comply with the 2013 Act for assessing compensation while dispensing with the Social Impact Assessment due to the development already carried out (Para 20-22).

10. Title Resolution and Compensation Distribution: Compensation will be deposited in an FDR, and no further development or third-party rights are permitted until the title dispute is resolved (Para 21-22).

Acts and Sections Discussed

1. U.P. Avas Evam Vikas Parishad Adhiniyam, 1965

   • Section 28: Public notification for schemes.
   • Section 29: Service of notice to tenure holders.
   • Section 30: Opportunity to file objections.
   • Section 55: Land acquisition under the Act.

2. Land Acquisition Act, 1894 (Repealed)

3. Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013

   • Section 24(1): Compensation assessment provisions.
   • Chapter II: Social Impact Assessment procedure (dispensed in this case).

Ratio Decidendi

The acquisition of land without following the statutory process, specifically the requirement to notify affected tenure holders under Section 29 of the 1965 Act, vitiates the acquisition process. The affected tenure holders must be given an opportunity to object, and in the absence of such compliance, the acquisition cannot stand.

Subjects:

Land Acquisition, Compliance with Statutory Procedures, Compensation Assessment

Compensation, Right to Object, Tenure Holders, Public Notice, Statutory Compliance, Housing Development, U.P. Avas Evam Vikas Parishad Act