PRABHA SHUKLA Vs. STATE OF U.P.

JUDGEMENT

(1.) The petitioner has filed the present writ petition praying for quashing of notification dtd. 06/04/2021 issued under Sec. 11 of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (hereinafter referred to as "2013 Act"), as published in newspaper on 24/04/2021 and notification dated July 16, 2021 issued under Sec. 19 of the 2013 Act.

(2.) The learned counsel for the petitioner submitted that the petitioner is owner and in possession of plot no. 293 measuring 0.0688 hectare. The same is being utilized for agricultural purposes. However, off late, she intended to construct a house for residential purposes, for which pillars have been raised as foundation. For the purpose of acquisition of aforesaid land, notification under Sec. 11 of 2013 Act was issued on 06/04/2021. The land was sought to be acquired for the purpose of construction of a Railway over-bridge. The total area sought to be acquired was 0.5344 hectare. The petitioner filed objections to the aforesaid acquisition on May 26, 2021. However, without affording opportunity of hearing to the petitioner and also violating the mandate of Sec. 19(2) of the 2013 Act, notification under Sec. 19 was issued. Sec. 15 of the 2013 Act clearly provides that in case any objection is filed to the proposed acquisition of land, the aggrieved parties have to be afforded opportunity of personal hearing. Sec. 19(2) of the 2013 Act provides that rehabilitation scheme has to be published for the persons, who may be displaced.

(3.) The learned counsel for the petitioner referred to notification issued under Sec. 19 of 2013 Act, which mentions that as per the survey carried out, none of the land owner is required to be rehabilitated, whereas the case set up by the petitioner was that number of families will be displaced, hence, rehabilitation scheme was required. The petitioner has family of five persons. Unless the rehabilitation scheme is published, final notification under Sec. 19 of the 2013 Act for acquisition of the land could not be issued.