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A petition has been filed before Allahabad HC by one Gayatri Devi and Two others who claimed that their lands have been acquired unlawfully by government on the pretext of widening the link road without providing any compensation. The court in this instant matter observed that “The trend of taking possession of the private land of the citizens without acquisition or giving any compensation to them. Such practice is unsound and should be deprecated in no uncertain language.”
The division bench of Allahabad HC hearing the matter reprimanded the UP government and State authorities for taking over the private land without acquisition or giving any fair compensation as provided under the Right to Fair compensation Act. The court held that the act of authorities concerned is in violation of Art.14 along with Art 300A of the constitution which provides that no person can be deprived of his property except by the authority of law.
The bench in its order also stated that even though Right to property is no longer a fundamental right but it is still a constitutional right and thereby cannot be violated by the government. HC in its judgment directed the Chief Secretary, Government of Uttar Pradesh to ensure that action should be taken against the officials who illegally took the possession of the land from the owners. A committee under the government order dated 12.5.16 has been formed which will submit its report within two months to the district magistrate for appropriate action in the present matter.
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