HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW WRIT - C No. - 8875 of 2025 Court No. - 2 HON'BLE MRS. SANGEETA CHANDRA, J. HON'BLE BRIJ RAJ SINGH, J. This petition has been filed with the following prayers :- “ (i) To issue a writ, order or direction in the nature of mandamus commanding thereby Opposite Parties not to acquire the land of the petitioners mentioned in Chart at para No.05 (Five) by means of which the petitioners have been evicted from the ownership of the land without taking due process of law under RFCTLARR Act 2013 and under garb of notification dated 27.03.2025. (ii) To issue a writ, order or direction in the nature of mandamus commanding thereby Opposite parties to take due process of law if under any scheme the land of the petitioners are required for acquisition of land.” It is the case of the petitioners who are seven in number that they had bought certain plots details of which have been given in para 5 of the petition out of Gata No.436 sa situated at village Pilhari, Tehsil Bakshi Ka Talab, Lucknow through sale deeds executed on various dates from one Angnu, son of Hasnu. He was the recorded tenure holder of the said land and had done some plotting on the same. The petitioners raised their boundarywall which has been demolished by the LDA. Copies of photographs taken of such demolition has been filed as Annexure No.5 to the writ petition collectively. It has been submitted that a notification under section 4 of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 hereinafter referred to as New Land Acquisition Act, 2013 has been published and copy of such notification has been filed as Annexure – 4 to the petition. Without Social Impact Assessment Study being actually taken care of, the respondents have issued a publication in Dainik Jagran, copy of which has been filed as Annexure – 3 to the petition wherein they are proposing to buy Versus Counsel for Petitioner(s) : Nitin Kumar Mishra Counsel for Respondent(s) : C.S.C., Ratnesh Chandra Prashant Kumar Maurya And 6 Others .....Petitioner(s) State Of U.P. Thru. Prin. Secy. Deptt. Of Housing And Urban Planning Lko. And 4 Others .....Respondent(s) land mentioned in such advertisement from the recorded tenure holders in pursuance of some Government Order No.3099/335/2044 dated 08.8.2024 and some decision taken by the Board of LDA in its 184th meeting dated 27.3.2025 with regard to development of Naimish Nagar Avasiya Yojana in Bakshi Ka Talab. The petitioners are being threatened to be dispossessed and, therefore, they have approached this Court. Learned counsel for the LDA Shri Ratnesh Chandra on the basis of instructions says that till date no notification under section 4 of new Land Acquisition Act, 2013 has been issued. A proposal is there to develop Naimish Nagar Awasiya Yojana in Bakshi Ka Talab for which a policy decision has been taken by the State Government and in pursuance thereof LDA Board in its 184th meeting dated 27.3.2025 has resolved to buy land from all land owners who are willing to sell such land at prices determined by committee formed under the relevant Government order. The photographs that the petitioners have annexed regarding demolition are in relation to a show cause notice issued to Awadh Ram and Others, all residents of Gram Palhari, Police Station – Sairpur, Lucknow who have developed Anant Vihar Colony without getting the map sanctioned for the same in an area of around 15 bighas by sub plotting such area and raising boundarywalls etc. No show cause notice was issued to such villagers under Section 27 (1) of the 1973 Act in case no.510 of 2025 and online case no. LDA/Z- 4/ANI/2025/0003961 instituted on 03.6.2025. The developer was given opportunity to show cause and the Prescribed Authority was satisfied that service had been done on such developer. Orders have been issued for demolition on 30.7.2025 and demolition has been carried out with the help of local police on 21.8.2025. Instructions are kept on record. Writ petition is disposed of with liberty to the petitioners to refuse to sell their land in pursuance of such publication and then the respondents shall be at liberty to acquire the land under the new land Acquisition Act, 2013 by following the due process of law. September 10, 2025 mks WRIC No. 8875 of 2025 2 Digitally signed by :- MANISH SAXENA High Court of Judicature at Allahabad, Lucknow Bench