Allahabad HC Warns Of 'Heavy Penalty' On Officers Responsible For Utilizing Citizens' Lands Without Following Due Procedure For Acquisition

The Allahabad High Court has cautioned the State Authorities against using land of private citizens without acquiring the same through proper procedure prescribed in law, stating that in case of any default heavy penalty will be imposed on the officers responsible for the same. Though in the case before it the Court refrained from imposing cost, the bench of Justice Manoj Kumar Gupta and Justice Anish Kumar Gupta observed, “The State Authorities are required to be cautious that they should not utilize the land of the citizens without due authority of law or without following the proper procedure of acquisition, else the authorities, who may be found responsible for such utilization of land without due procedure of law shall be held responsible personally and the court will have to impose heavy penalty for such actions on the part of the Authorities, which shall be recovered from their personal account.” Petitioner purchased a piece of land in District Bareilly. Thereafter, she approached the High Court wherein her writ petition was disposed of with a direction to “the District Magistrate- Bareilly to refer the matter to the District Level Committee in terms of the Government Order dated 12.05.2016, for determination of entitlement of compensation of the petitioner herein.” The District Level Committee rejected petitioner's claim stating that initially the chak road was 3 mtrs wide and extra 2.5 mtrs was available on both sides, therefore by widening the road 1.25 mtrs, no individual right of the tenure holder had been infringed. Perusing the Tehsildar report, the Court held that the Constitution of India granted a right to property under Article 300A and prohibited deprivation of property without following due procedure of law.