Allahabad High Court bars forced land sales, orders statutory acquisition process for unwilling owners

The Allahabad High Court has directed government authorities to follow statutory land acquisition procedures if private landowners refuse to sell their property voluntarily, ruling that forced execution of sale deeds is impermissible.

The Lucknow Bench stated on Friday that land can be purchased through a sale deed only when the owner voluntarily agrees to sell and both parties mutually consent to the sale price. A Bench comprising Justice Shekhar B Saraf and Justice Abdhesh Kumar Chaudhary passed the order on a petition filed by Akhilesh Kumar Pankaj and seven others concerning acquisition of their land in Devipatan Tulsipur village of Balrampur district for road widening.

Two Distinct Legal Processes

The court made it clear that voluntary sale and compulsory acquisition are two distinct legal processes. It directed authorities not to harass the petitioners or forcibly obtain their consent for executing sale deeds.

The State government informed the court that nearly 80% of the required land for road widening had already been purchased through sale deeds, with around 104 registrations executed by different landowners. However, authorities had not been able to contact the petitioners or obtain their consent for the purchase.

Pressure Over Pricing

The petitioners submitted they were unwilling to sell their land and alleged that authorities were pressuring them to sell at a rate unacceptable to them.

After considering the issue, the Bench observed that the law was clear: if landowners are willing to sell and the State can negotiate and reach an agreement on the sale price, they may sell the property to the State. However, in the absence of such consent, the State must issue a notification under the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013, and acquire the land in accordance with law.

The court clarified that if any petitioner voluntarily wishes to sell the property, a sale deed can be executed in accordance with law.

Source: The Hindu