Act Within the Legal Framework: High Court Prohibits Land Acquisition for Heritage Corridor Without Due Process

 

Allahabad High Court Halts Land Acquisition for Gorakhpur Heritage Corridor Without Due Process

Court Orders PWD to Follow Legal Procedures for Land Acquisition

In a significant ruling, the Allahabad High Court has prohibited the acquisition of private land for the proposed Heritage Corridor in Gorakhpur without following due legal procedures. The court directed the Public Works Department (PWD) of Gorakhpur to either acquire the land through lawful means or explore alternative legal options. The division bench of Justice Manoj Kumar Gupta and Justice Aneesh Kumar Gupta passed this order while hearing petitions filed by Naval Kishore Shah and four others.

Petitioners Allege Forceful Acquisition Attempts

The petitioners contended that they own residential properties in localities such as Urdu Bazaar, Khurrampur, and Diwan Dayaram in Gorakhpur. They alleged that the PWD was pressuring them to transfer ownership of their properties for the Heritage Corridor Project without following the legal provisions of land acquisition and without providing any compensation. The petitioners asserted that they are the rightful owners of their respective properties and have been paying taxes to the municipal corporation for years.

PWD’s Argument and Legal Complications

The PWD, on the other hand, argued that the petitioners’ ownership claims were based on documents that mention only house numbers but do not specify the plot numbers (Arazi numbers). This discrepancy, according to the PWD, was causing difficulties in processing the ownership transfers. The department further stated that acquiring land for the Heritage Corridor was essential for the project’s completion.

Court’s Decision and Directive

The court firmly stated that if the PWD is uncertain about the petitioners’ ownership rights and they are unwilling to transfer their properties, then their land cannot be taken without lawful acquisition. The bench emphasized that the land acquisition must be conducted strictly in accordance with legal provisions. The court also warned the officials to act within the bounds of the law and instructed them to acquire land either through formal land acquisition procedures or other lawful means.

With this ruling, the court disposed of the petition while reinforcing the importance of adhering to legal norms in public infrastructure projects.