PIL In Allahabad High Court Against Development Authority Over Land Held For “New Kanpur City”

The Allahabad High Court on Monday heard a public interest litigation against the inaction of the Kanpur Development Authority over the land acquired vide notification issued in the year 1996 for development of “New Kanpur City” and residential colony for development authority.

Land to the tune of 464.6965 hectares was sought to be acquired from seven villages vide notification dated 09.08.1996 for the development of “New Kanpur City”. The said acquisition was challenged by various person before the Allahabad High Court which quashed the notifications in 1999.

Thereafter, the Supreme Court, in the Special Leave Petitions before itself, saved the notifications under Section 4 of the Land Acquisition Act, 1984, however, quashed parts of Section 6 notifications and directed that fresh opportunity under Section 5A shall be granted. During the pendency of the SLP, several requests were made to Kanpur Development Authority to provide funds for compensation to land owners.

Consequently, fresh declarations under Section 6 of the Act were issued in 2005 wherein the nomenclature was changed from “New Kanpur City” to “Residential Colony of Kanpur Development Authority.” The same were challenged before the High Court and those notifications were quashed with respect to which petitions had been filed. Subsequently, fresh notifications were issued.

Petitioner brought on record various board meetings of the Authority to show that it had repeatedly been said that the project had lost its efficacy. Further, it has been contended that private persons have already raised constructions on their lands, and have been living their peacefully. The Authority under the garb of the scheme is trying to disturb peaceful possession of their land which is in violation of Article 300A of the Constitution of India, it is alleged.

Counsel for Petitioner contended that there was a status-quo order operating during the proceedings pending before the High Court and the Apex Court. Seven villages were sought to be acquired for the scheme of 'New Kanpur City' which was illegally and arbitrarily changed to 'Residential Colony of Kanpur Development Authority' and possession of 111.8468 hectare of land out of the total 464.6965 hectare was taken illegally, it is alleged.

Concerns have been raised with respect to the remaining land which is in possession of the private persons, on which constructions have been raised by them, and is not in possession of the Kanpur Development Authority. Further, counsel for Petitioner stated that the State Government has rejected the proposal of the Kanpur Development Authority for proceedings with the scheme for both, creation of New Kanpur City and for setting up residential colony for Kanpur Development.

Kanpur Development Authority agreed to being in possession of 111.8468 hectare of land, however, the Counsel submitted that since the land in their possession was scattered, the Authority was carrying out negotiations with the tenure holders to make the Scheme viable.

Directing the parties to maintain status-quo, the bench comprising of Chief Justice Pritinker Diwaker and Justice Ashutosh Srivastava observed,

“Considering the submissions advanced by the learned Senior Counsel for the Petitioner and also taking note of the fact that the Respondent Development Authority is only in possession of part of the land and the scheme for proposed 'New Kanpur City' as of now is not viable, it is provided that parties shall maintain status-quo as it exists today. However, it shall be open for the Kanpur Development Authority to proceed with the negotiations with the tenure holders.”

The case is directed to be listed on 16^th October, 2023.

Case Title: Prantesh Narayan Bajpeyi v. State Of Up And 4 Others [WPIL No. - 1889 of 2023]Counsel for Petitioner: Anoop Trivedi Sr. Advocate, Abhinav Gaur

Counsel for Respondent: Akansha Sharma, Arun Kumar

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