The state’s chief secretary has been directed by the Allahabad high court to ensure that action be taken against the officials who take possession of private land from owners illegally without adhering to the statutory provisions. The court also emphasized that before taking possession of land from its owner, relevant provisions of law and rules must be strictly adhered to.
The court further observed while Emphasizing on the rights of the land owners , “The act of the authorities concerned is in violation of Article 14 (right to equality) and Article 300A of the Constitution of India. Under Article 300A of the Constitution of India, no person can be deprived of his property except by authority of law. Article 300A proclaims that a person cannot be deprived of his property merely by executive fiat without any specific legal authority or without support of law made by a competent legislature.”
The judgment which was delivered on 9th of May declares that: the court directed that a copy of this order be sent to the chief secretary of the state for strict compliance. The court also directed the registrar general of this court to circulate this order to all the commissioners, district magistrates as well as vice-chairmen of development authorities in the state. The petitioners in the present case had alleged that without acquiring the land lawfully, the respondent state authorities are constructing public road over the land of the petitioners.
The court directed the petitioner to file a representation in terms of the government order (GO) dated May 12, 2016, before the committee — as constituted under the said GO and headed by the additional district magistrate (finance and revenue) — who will examine the matter and submit report to the district magistrate concerned within a period of two months and who will proceed in accordance with the said GO and pass final orders within a period of 30 days thereafter.
Courtesy/By: Akanksha Singh
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16 May 2019
