MANISHA BHAIYA JI AND ANOTHER v. STATE OF U.P. AND 3 OTHERS
WRIC/15270/2025 · 2025-05-14
Anish Kumar Gupta, Manoj Kumar Gupta
body2025
DailyLaw.ai
[ 2025 DAILYLAW 41469 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 41469 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC:79732-DB Court No. - 21 Case :- WRIT - C No. - 15270 of 2025 Petitioner :- Manisha Bhaiya Ji And Another Respondent :- State Of U.P. And 3 Others Hon'ble Manoj Kumar Gupta,J. Hon'ble Anish Kumar Gupta,J.
1. Prayer made in the instant petition is to set aside public notice dated 28.11.2024 published in Dainik Jagran, Aligarh on
4.12.2024. The said notice is in fact publication of the preliminary notification in newspaper under Section 11 of Act No. 30 of 2013, indicating the intent of the Government to acquire the lands mentioned therein. The case of the petitioners is that they have filed objection dated 13.12.2024 in pursuance of the said public notice. The prayer made is that the respondents should be restrained from taking any coercive measure in respect of the property of the petitioners and not to issue any further notification. 2. Under the Scheme of the Act, a notification under Section 11 is only a preliminary notification informing the intent of the Government that the land mentioned in the notification is required or likely to be required for any public purpose and thereafter in terms of Section 15, any person interested in any land, covered by the said notification, is entitled to file objection within sixty days from the date of publication of the preliminary notification and object to the area and suitability of land proposed to be acquired; justification offered for public purposes; the findings of the Social Impact Assessment Report. The Collector is enjoined with the duty to provide opportunity of hearing to the objector and thereafter submit his recommendation to State Government, to facilitate
decision by the State Government. Section 16 provides that after publication of preliminary notification under Section 11, the Administrator for Rehabilitation and Resettlement shall conduct a survey and undertake a census of the affected families and shall submit a draft Rehabilitation and Resettlement Scheme. Section 17 confers power upon the Collector to review the draft scheme and thereafter the draft scheme, if approved, is made available to the local bodies and is also published in the affected areas. After the aforesaid exercise is completed, the appropriate Government, if satisfied with the report, may make a declaration that any particular land is needed for a public purpose, as contemplated under Section 19 of the Act. 3.
Concededly, the notification under Section 19 declaring the final intent that any particular land is needed for a public purpose, has not been made so far. The Act does not contemplate that any coercive step could be taken except for the purposes of survey of land and other incidental measures before notification under Section 19 is made. 4. As such, we are of considered opinion that challenge to the acquisition is premature and there is also no force in the submission that a mandamus should be issued to the respondents not to adopt any coercive measure in respect of the lands of the petitioners. 5. The writ petition is accordingly dismissed at this stage. (Anish Kumar Gupta, J.) (Manoj Kumar Gupta, J.) Order Date :- 15.5.2025 Jaideep/- Digitally signed by :- JAIDEEP BANERJEE High Court of Judicature at Allahabad