Court mandates adherence to legal procedures under the Right to Fair Compensation and Transparency in Land Acquisition Act, 2013.
In a landmark judgment, the Allahabad High Court has reinforced the rights of landowners against coercive land acquisition practices by the State authorities. The Division Bench at Lucknow, comprising Justices Shekhar B. Saraf and Abdhesh Kumar Chaudhary, delivered the verdict on August 12, 2026, in response to a writ petition filed by Akhilesh Kumar Pankaj and seven others against the State of Uttar Pradesh.
The petitioners challenged the State’s attempts to forcibly acquire their land in Balrampur District for a road widening project without following the due process of law. The Court observed that while the State had successfully negotiated the purchase of 80% of the required land, the petitioners were unwilling to sell at the offered rate and alleged harassment and threats by the authorities.
The Court emphasized that the State must respect the legal framework outlined in the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013. It directed that if voluntary negotiations fail, the State must proceed with formal acquisition proceedings, including issuing the necessary notifications under the Act, rather than resorting to coercion.
In its ruling, the Court directed the State authorities to cease any harassment of the petitioners and refrain from forcibly obtaining their consent through sale deeds. However, it clarified that the order does not prevent any petitioner from voluntarily selling their property if they choose to do so.
The judgment underscores the constitutional protection of property rights and reiterates the necessity for State authorities to adhere strictly to statutory provisions in land acquisition matters, ensuring fair compensation and transparency.
Bottom Line:
Land acquisition - State authorities cannot forcibly obtain consent of landowners for sale of land without following the due process of law as prescribed under the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013.
Statutory provision(s): Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013, Constitution of India, Article 226.
Akhilesh Kumar Pankaj v. State Of U.P., (Allahabad)(DB)(Lucknow) : Law Finder Doc id # 2966672
