The Allahabad high court has ordered the chief secretary to take action against defaulting authorities who unlawfully acquire ownership of land without following legal procedures. The court noted that the relevant provisions of law and rules should be scrupulously followed before acquiring ownership of land from its owner.
Gayatri Devi and two others brought a writ suit to express their dissatisfaction with state officials seizing control of individual land for the purpose of expanding highways without first acquiring it or paying fair compensation as legally required.
Prior to taking ownership, the officials must pay compensation as required by law. The state should not purchase property or take possession without first complying with the Right to Fair Compensation Act or any other applicable laws or judicial process.
Speaking about the privileges of land occupants, the court observed that such acts of the employees is an infringement of Article 14 (Right to Equality) and Article 300A of the Indian Constitution. As per Article 300A of the Indian Constitution, no one can be stripped off of his/her land other than a lawful authority. Article 300A declares that an individual’s property cannot be taken away just by an executive authority without any lawful authority or with no support of law by a substantial legislature.
This case is Gayatri Devi vs State Of U.P. And Another on 21 January, 2021.
You can make a claim under the Right to Fair Compensation Act for the compensation of your land.