The Lucknow bench of the Allahabad High Court on Wednesday issued an interim stay on ongoing land acquisition proceedings for various schemes of the Uttar Pradesh Awas Evam Vikas Parishad (UPAEVP) in Ayodhya. A division bench comprising Justice Rajan Roy and Justice Manjive Shukla ordered all parties, including the state government and district authorities, to maintain the status quo at the affected sites. The court observed prima facie that the current acquisition process under a 1965 state law appears less beneficial to landowners than the central legislation of 2013.
The dispute centers on a batch of 11 writ petitions challenging the UPAEVP’s move to acquire land in Ayodhya using the Uttar Pradesh Awas Evam Vikas Parishad Act of 1965. The petitioners, primarily local farmers and landowners, argue that the state body is intentionally bypassing more modern and lucrative compensation laws to acquire land at significantly lower rates.
The core of the legal argument rests on the conflict between the 1965 State Act and the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (the 2013 Act). While the UPAEVP Act provides that benefits should align with beneficial provisions available under law, the petitioners contend that the 2013 Act is the superior standard that should be applied.
Counsel for the petitioners argued that the 2013 Act offers “significantly higher compensation” and critical safeguards that the 1965 Act lacks. These include:
- Enhanced financial compensation for land.
- Mandatory rehabilitation and resettlement provisions.
- The requirement for a Social Impact Assessment (SIA) before acquisition.
The petitioners maintained that by proceeding under the 1965 Act, the government is depriving them of these enhanced benefits, effectively resulting in the acquisition of their property at “throwaway prices.”
During the hearing, while the petitioners concluded their arguments, lawyers representing the state’s housing and urban development department, the Ayodhya district magistrate, and the UPAEVP stated they were unable to commence their response on Wednesday.
Taking a stern view of the delay, the bench remarked that the matter has been pending for a long time and that “unwarranted adjournments would not be appropriate.” The court directed that if the state or the housing body fails to advance their arguments on the next scheduled date, they must file written submissions instead.
In its interim order, the court noted:
“Prima facie, the acquisition under the 1965 Act appeared less beneficial compared to the 2013 law.”
Consequently, the bench deemed it necessary to stay the acquisition process initiated under notifications issued in 2020 and thereafter.
The court has effectively frozen all acquisition activities for the UPAEVP schemes in Ayodhya until further notice. The matter is posted for further hearing on Thursday, where the state authorities are expected to justify the use of the 1965 Act over the 2013 central legislation.
