Allahabad High Court
VIJAY NARAYAN RAMversusSTATE OF U.P. AND 4 OTHERS
- Decided
Holding
The petition is dismissed for non‑prosecution as it is not maintainable.
Summary
Vijay Narayan Ram filed a writ petition seeking a mandamus directing the State and Prayagraj Development Authority to pay fair compensation with interest under Section 24 of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 for 303 sq. yd. of land acquired in 1987. The petitioner is a subsequent purchaser of the land. The respondents objected that the petition is not maintainable because the acquisition predates the 2013 Act and the petitioner was not the original owner. The Division Bench earlier held the petition non‑maintainable on these grounds. When the petitioner’s counsel sought an adjournment, the bench dismissed the petition for non‑prosecution.
Issues considered
- Whether a writ petition for compensation under Section 24 of the 2013 Land Acquisition Act is maintainable when the land was acquired in 1987 and the petitioner is a subsequent purchaser.
Legislation cited
Subjects
- writ petition
- compensation
- land acquisition
- subsequent purchaser
- maintainability
- Section 24
- Right to Fair Compensation Act
- non‑prosecution
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
WRIT - C No. - 17878 of 2026
Vijay Narayan Ram
.....Petitioner(s)
Versus
State Of U.P. And 4 Others
.....Respondent(s)
Counsel for Petitioner(s) : Babu Ram Yadav, Salil Krishna
Counsel for Respondent(s) : C.S.C., Harsh Vardhan Gupta, Kumari
Meena
Court No. - 2
HON'BLE J.J. MUNIR, J.
HON'BLE INDRAJEET SHUKLA, J.
1. Mr. Raj Kumar Yadav, Advocate holding brief of Mr. Babu Ram Yadav,
learned counsel for the petitioner, learned Standing Counsel for the State-
respondents and Kumari Meena, learned counsel for Prayagraj Development
Authority are present.
2. On 20.05.2026, this Court passed the following order:
"1. Heard Sri Salil Krishna, learned counsel for the petitioner, Sri Devesh
Vikram, learned Additional Chief Standing Counsel for the State
respondents and Kumari Meena, learned counsel representing Prayagraj
Development Authority.
2. The instant writ petition has been preferred for the following relief :-
Issue a writ, order or direction in the nature of mandamus directing to the
respondents for making payment of fair compensation alongwith
appropriate interest to the petitioner under section 24 of Right to Fair
Compensation and Transparency in Land Acquisition, Rehabilitation and
Resettlement Act, 2013ofBhumidhari Land of the petitioner 303 Square
Yard of plot no.- 560GA, situated at village-Umarpur Neeva, Tehsil
Sadar, District Prayagraj in pursuance of law laid down by the Hon'ble
Supreme Court of India in The case of Indore Development Authority
versus Manohar Lal and others. Etc. as early as possible within a three
month."
3. At the outset, learned counsel for the contesting respondent has raised
an objection qua the maintainability of the instant writ petition on the
premise that the acquisition took place wayback in the year 1987.
WRIC No. 17878 of 2026
2
Admittedly, the petitioner is a subsequent purchaser of the land in
question and as such, the relief as prayed for by the petitioner is not
maintainable.
4. On the joint request of the parties, the matter is adjourned.
5. Put up this matter as fresh on 25.05.2026."
3. Today, Mr. Raj Kumar Yadav, Advocate holding brief of Mr. Babu Ram
Yadav, learned counsel for the petitioner, appears and seeks adjournment.
4. We asked him to address us on some merits as the Division Bench found
the petition to be not maintainable on account of the acquisition being very
old, one of the year 1987 and the petitioner being a subsequent purchaser,
the learned counsel who appears for the petitioner's holding brief, is not in a
position to argue.
5. In the circumstances, we dismiss the petition for non prosecution.
September 8, 2026
Mohit
(Indrajeet Shukla,J.) (J.J. Munir,J.)
Digitally signed by :-
MOHIT KUMAR KUSHWAHA
High Court of Judicature at Allahabad
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