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Allahabad HC rejects farmers’ plea seeking return of land: ‘Not in public interest’

Some of these villages are also located along the National Highway 2 and the total land proposed to be acquired was 1,500 acres.

allahabad high court, farmers land, return of farmers land, pil, nature of pil, public interest litigation, pil farmers land, allahabad hc pil farmer land, allahabad news, uttar pardesh news, agriculture news, india news “The issue as to whether any individual transaction is vitiated by absence of the consent or for any other reason would require an investigation into the facts of that particular case, ” the bench said.

The Allahabad High Court has rejected a PIL seeking return of land to farmers from nine villages in Varanasi district on the ground that such issues could not be dealt with under a public interest litigation.

The land acquisition process for a hi-tech township which was started in 2006 could never be completed but left the farmers in a limbo, restricting them from selling the land to anyone else but the private firm which had taken up the contract to build the township.

With the high court rejecting the PIL on “technical grounds”, the petitioners are now planning to file separate writ petitions — which will not be PILs — to seek the return of their lands along with the compensation amount that was agreed to them under the acquisition process.

Disposing of the petition filed by Unitech Bhagao Jamin Wapis Lao Sangharsh Samiti, the division bench of Chief Justice D Y Chandrachud and Justice Yashwant Varma said, “We are of the view that such relief cannot be sought in public interest litigation.

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“The issue as to whether any individual transaction is vitiated by absence of the consent or for any other reason would require an investigation into the facts of that particular case. A general direction of this nature cannot be granted in the exercise of the jurisdiction in public interest litigation. Hence, we decline to entertain the writ petition.”

The matter pertained to proposed acquisition of land in nine villages — Ghatampur, Udayrajpur, Unchgaon, Korauta, Tulachak, Pilakhini, Balirampur, Daudpur and Manjhari — located on Varanasi-Bhadohi Road. Some of these villages are also located along the National Highway 2 and the total land proposed to be acquired was 1,500 acres.

Counsel for the petitioner, Daya Shanker Prasad Singh, said: “The state had passed the Section 6 (Land Acquisition Act) on August 30, 2006. The land was to be acquired for a hi-tech township, but neither the township came up nor the land acquisition process was completed.

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“On the other hand, the local administration passed orders virtually restricting the villagers from selling their land to anybody else but the private company. The farmers then began agitating. The PIL has been dismissed on technical grounds. We are in the process of preparing separate writs to be filed before the court. Farmers want their land to be returned to them along with the compensation. They also want freedom to sell their land to whomsoever they want. Some do not want to sell their lands.”

First published on: 03-12-2015 at 04:21:40 am
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