Court dismisses challenges, affirms compliance with Supreme Court's directives in long-standing land acquisition case.
In a significant judgment, the Allahabad High Court has upheld the validity of a land acquisition award in Varanasi, dismissing multiple writ petitions challenging the award on various grounds. The Division Bench, comprising Justices Mahesh Chandra Tripathi and Kunal Ravi Singh, delivered the judgment on August 7, 2026, addressing three connected writ petitions filed by affected landowners.
The land acquisition proceedings, initiated by the Varanasi Development Authority, have been subject to extensive litigation over the years, with the latest petitions challenging the award dated January 10, 2024, under the Land Acquisition Act, 1894. Petitioners argued that the award was arbitrary and should have been made under the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013. They also claimed that the market value determination was flawed and that 80% of the compensation was not deposited before possession, rendering the acquisition void.
However, the respondents successfully countered these claims by demonstrating compliance with earlier court directions and Supreme Court judgments, particularly referencing the cases of Delhi Airtech Services Private Limited v. State of U.P. and Aligarh Development Authority v. Megh Singh. The Court found that the award was made in line with these precedents, emphasizing that where 80% of the estimated compensation was deposited before possession, the acquisition did not lapse under Section 11-A of the 1894 Act.
The judgment also addressed the issue of public purpose, as petitioners alleged a change in the intended use of the acquired land. The Court clarified that such challenges should have been raised in earlier litigation rounds and were not permissible at this stage.
Ultimately, the Court concluded that the award was compliant with legal requirements and previous judicial directives, leaving no merit in the petitions. The decision reaffirms the finality of the land acquisition process in this prolonged legal battle, allowing the Varanasi Development Authority to proceed with its plans.
Bottom Line:
Land Acquisition - Award made under the Land Acquisition Act, 1894 in compliance with court directions is valid, even if the acquisition notification was earlier challenged and the matter was subject to multiple rounds of litigation.
Statutory provision(s): Land Acquisition Act, 1894 Sections 11A, 17(3-A); Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013
Vijai Kumar v. State of U.P., (Allahabad)(DB) : Law Finder Doc id # 2956164
