While dismissing pleas challenging the acquisition of farm land which was completed in the year 1950, by some persons who claimed to have purchased the land later, the Allahabad High Court has observed that purchasers, subsequent to notifications u/s 4(1) & 6 of the Land Acquisition Act, have no locus to challenge acquisition initiated and completed.
The first bench comprising Chief Justice Dilip B Bhosale and Justice Yashwant Varma also allowed a public interest litigation seeking action against encroachers of the Defence land.
Observing that the subsequent purchasers have no locus to make a grievance that no procedure contemplated under the provisions of the Act was complied with or the acquisition was not complete, the bench remarked: “If the courts start entertaining such submissions after 65 years of the acquisition, then the acquisition proceedings would never conclude and no acquiring body would ever succeed in enjoying the property for the purposes for which it was acquired.”
The court summarised its reasons to dismiss the plea challenging 1950 acquisitions as follows:
The court also issued directives to the district administration for getting back the possession of the encroached portion of the land, out of the acquired land, from the encroachers/ trespassers.