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2012 DAILYLAW 3055 (ALL)

LAKHMI AND OTHERS v. STATE OF U.P. THRU SECY. AND OTHERS

WRIC/48903/2012 · 2026-09-07

Arun Bhansali, Arun Kumar

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HIGH COURT OF JUDICATURE AT ALLAHABAD WRIT - C No. - 48903 of 2012 Along with : 1. Writ - C No. 30597 of 2018: Jai Singh Yadav and 78 others Versus State of U.P. and 2 others 2. Writ - C No. 48907 of 2012: Murari and others Versus State of U.P. Thru Secy. and others Chief Justice's Court HON'BLE ARUN BHANSALI, CHIEF JUSTICE HON'BLE ARUN KUMAR, J. 1. These writ petitions have been filed by the petitioners aggrieved of order dated 13.12.2011 passed by the Special Secretary, Government of U.P. (Annexure-10), whereby the representations made by the petitioners pursuant to order dated 12.07.2011 passed in Writ-C No.36993 of 2011 have been rejected, and for a direction to the respondents to release the land of petitioners. 2. Counsel for the respondents points out that identical petition, being Writ-C No.19803 of 2012 (Kanahiya Lal and others Vs. State of U.P. and others) along with other connected matter, by order dated 19.05.2015, has been dismissed and therefore, the present petitions also deserve dismissal. 3. The Coordinate Bench of this Court vide its order dated 19.05.2015 Versus Counsel for Petitioner(s) : Saurabh Basu Counsel for Respondent(s) : Mahesh Narain Singh, Nagendra Pandey (S.C.), Anuj Pratap Singh, G.P. Srivastava, J.H. Khan, M.N. Singh Lakhmi and others .....Petitioner(s) State of U.P. Thru Secy. and others .....Respondent(s) observed as under:- "Having considered the submissions made by the learned counsel for the parties and having gone through the records of the writ petitions referred to above, we are of the considered opinion that it was not open to the petitioners to seek exemption of their land from the acquisition proceedings, once their writ petition had been decided under order of the Division Bench of this Court dated 12th July, 2011 with the liberty to seek fixation of compensation only in accordance with Karar Niyamawali, 1997. Petitioners are bound by the order of the High Court dated 12th July, 2011 and cannot travel beyond the same. Their plea for their land being exempted from acquisition notification has rightly been rejected. Chapter with regard to the acquisition proceedings, vis-a-vis the petitioners stood closed with the dismissal of writ petition no. 37152 of 2011. We may also record that the High Court had restrained physical possession of the plots by the U.P. State Industrial Development Corporation till the matter of compensation was decided. Petitioners taking benefit of the said order resisted their dispossession. The petitioners cannot now be permitted to content that acquisition proceedings are rendered bad as possession had not been taken. If the petitioners are not satisfied with the order of the High Court dated 12th July, 2011, they could have challenged the same before the Apex Court. So long as the order of the High Court stands, there cannot be any other relief in favour of the petitioners except for payment of compensation under the Karar Niyamawali, 1997. For the reasons what have been recorded above, all these writ petitions are dismissed. However, it shall be open to the petitioners to file a fresh application for payment of compensation in accordance with the judgment of the High Court dated 12th July, 2011 within two weeks from today, along with a certified copy of this order. If this is done the same shall be considered in accordance with law at the earliest possible. All consequential action shall be taken immediately thereafter." WRIC No. 48903 of 2012 2 4. In view of the submissions made, following the order in the case of Kanahiya Lal (supra), the present petitions are also dismissed with similar observations. September 8, 2026 RK/Anil WRIC No. 48903 of 2012 3 (Arun Kumar,J.) (Arun Bhansali,CJ.) Digitally signed by :- RAJESH KUMAR High Court of Judicature at Allahabad