KHATOON & ORS. versus THE STATE OF U.P. THROUGH PRINCIPAL SECRETARY & ORS.

KHATOON & ORS. versus THE STATE OF U.P. THROUGH PRINCIPAL SECRETARY & ORS.

Appellants who did not originally challenge the acquisition in writ petitions are not entitled to the benefit of allotment of developed abadi plot, as such relief was confined only to writ petitioners by express order of the High Court in Gajraj and affirmed by the Supreme Court in Savitri Devi. The Authority, exercising its discretion, declined to extend this benefit to appellants. There exists no legal or factual right in the appellants' favour to claim such allotment, and Article 14 is not applicable due to lack of similarity. Appeal dismissed.

Parties
Appellants: Khatoon & Ors.; Respondents: The State of U.P. Through Principal Secretary & Ors.
Jurisdiction
India
Judgment Date
15 February 2018
Procedural Posture
Civil Appeal / Appeal From Judgment and Order Dated 01.08.2016 of the High Court of Judicature at Allahabad in Civil Misc. Writ Petition No. 7553 of 2016 and Batch
Outcome
Appeals dismissed.
Legal Topics
Land Acquisition Act, 1894, Additional Compensation, Allotment of Developed Abadi Plot, Article 14 of the Constitution, Mandamus, Jurisdiction of High Court Under Article 226
Land Acquisition Administrative Law Constitutional Law Land Acquisition Act, 1894 Additional Compensation Allotment of Developed Abadi Plot Article 14 of the Constitution Mandamus +1 more

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Parties

Khatoon & Ors.

Appellants

The State of U.P. Through Principal Secretary & Ors.

Respondents

Procedural Posture

Civil Appeal / Appeal From Judgment and Order Dated 01.08.2016 of the High Court of Judicature at Allahabad in Civil Misc. Writ Petition No. 7553 of 2016 and Batch

Legal Issues

  1. 1 Whether appellants (landowners who did not file original writ petitions) are entitled to allotment of developed abadi plot to the extent of 10% of their acquired land under the Land Acquisition Act, 1894, as was directed in earlier litigation (Gajraj & Ors. v. State of U.P.) and affirmed by the Supreme Court in Savitri Devi v. State of U.P.

Ratio Decidendi

Appellants who did not originally challenge the acquisition in writ petitions are not entitled to the benefit of allotment of developed abadi plot, as such relief was confined only to writ petitioners by express order of the High Court in Gajraj and affirmed by the Supreme Court in Savitri Devi. The Authority, exercising its discretion, declined to extend this benefit to appellants. There exists no legal or factual right in the appellants' favour to claim such allotment, and Article 14 is not applicable due to lack of similarity. Appeal dismissed.

Court Disposition

Appeals dismissed.

Orders

  • No relief is granted to the appellants for allotment of developed abadi plot.
  • No order as to costs.