Allahabad HC Upholds UP Land Acquisition Law, Orders 2013 Act Benefits for Landowners

The Lucknow Bench of the Allahabad High Court has upheld key provisions of the Uttar Pradesh Awas Evam Vikas Parishad Adhiniyam, 1965, while directing authorities to ensure that landowners whose properties are acquired receive compensation and rehabilitation benefits comparable to those guaranteed under the 2013 land acquisition law.

A division bench of Justices Rajan Roy and Manjive Shukla issued the directions in a 173-page judgment while deciding a batch of petitions challenging Sections 28, 31, 32 and 55 of the 1965 Act, along with land acquisition for three housing schemes in Ayodhya.

The court upheld Sections 28, 31 and 32, dealing with public notice, commencement and modification of schemes. However, it held that Section 55 and its Schedule could violate Article 14 if implemented without safeguards equivalent to those under the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013. Instead of striking down the provision, the court read it down, directing that every acquisition under the 1965 Act must provide monetary compensation and rehabilitation and resettlement benefits equivalent to those available under the 2013 legislation.

The Uttar Pradesh Housing and Development Board was directed to reassess compensation and revisit awards already passed wherever necessary. It must also identify completely displaced landowners and, within six months, formulate and implement a rehabilitation scheme in accordance with the court's directions.

Landowners dissatisfied with existing or revised awards have been given liberty to challenge them. The court also declined to quash three Ayodhya housing schemes, noting that they have been under implementation since 2020 and form part of a larger integrated development plan. Land was acquired through purchase, land pooling and compulsory acquisition, while several awards had already been passed and portions of the land allotted to third parties.

The litigation had earlier seen an interim hearing in April 2026, when the court stayed certain ongoing acquisition proceedings and listed the matter for further hearing on April 23. The latest ruling preserves the 1965 acquisition framework but makes clear that future acquisitions must follow 2013 Act compensation and rehabilitation principles.