The Allahabad High Court has ruled that government authorities cannot force private landowners to execute sale deeds for acquiring their land, stressing that a voluntary sale and compulsory acquisition are two distinct legal processes.
A Lucknow bench of Justices Shekhar B Saraf and Abdhesh Kumar Chaudhary said land can be purchased through a sale deed only when the owner voluntarily agrees to sell and both sides mutually settle the price.
The court directed authorities not to harass the petitioners or forcibly obtain their consent for executing sale deeds.
The ruling came on a petition filed by Akhilesh Kumar Pankaj and seven others over the proposed acquisition of their land in Devipatan Tulsipur village of Balrampur district for road widening.
The state government told the court that the land was being purchased for widening the road and that nearly 80 per cent of the required land had already been acquired through sale deeds, with around 104 registrations completed.
The petitioners, however, said they were unwilling to sell their land and alleged that authorities were pressuring them to accept an unacceptable price.
The bench said that if landowners are willing to sell and the state can negotiate and mutually agree on a price, the property can be purchased through a sale deed.
However, if the owners do not consent, the state must follow the statutory acquisition process under the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013, the court said.
The court clarified that any petitioner who voluntarily wishes to sell the property may execute a sale deed in accordance with law.
(With inputs from PTI)
