Landowner Still Claims To Be In Possession Of Land Under Acquisition, Supreme Court Directs Restoration Of Writ Petition Challenging Land Acquisition Proceedings Dismissed In 1992

The Supreme Court in a recent case of J.N. PURI versus STATE OF UTTAR PRADESH (Diary No(s). 24776/2020) has directed that the Writ Petition filed by the appellant / landowner challenging the land acquisition proceedings in respect of his land has to be decided on merits.

That Writ Petition was dismissed in default in the year 1992 however, the appellant claimed that he was still in possession of his land till date. In view of the above facts and circumstances the Hon’ble Supreme Court directed that the Writ Petition be restored and decided on merits.

The relevant part of the aforesaid judgment has been reproduced below:-

“14. In the facts and circumstances noted above and more particularly the fact that the appellant still claims to be in possession of the land under acquisition, we feel that the writ petition preferred by the appellant should have been heard and decided on merits.

15. In the wake of the above discussion, the impugned orders are set aside. The matter is remitted to the High Court of Uttarakhand which shall restore the writ petition of the appellant and proceed to decide the same on merits expeditiously after giving an opportunity of hearing to all concerned.”