HC scraps 'flawed' land acquisition for Lko's Bharwara RoB, orders fresh start
LUCKNOW, Aug. 8 -- The land acquisition process for the proposed railway over bridge (RoB) at the Bharwara railway crossing in Gomti Nagar, Lucknow, is set to begin anew. The Lucknow bench of the Allahabad high court found serious procedural flaws in the acquisition process and directed the state government to issue a new or revised notification under Section 11 of the Land Acquisition, Rehabilitation and Resettlement Act, 2013, and restart the entire process in accordance with law.
Additionally, it ordered the registration of a suo motu public interest litigation (PIL) to monitor the project's progress.
A division bench of Justice Rajan Roy and Justice Manjive Shukla passed the order on August 5, which was made public on Friday while hearing a PIL and other petitions raising the issue of construction of RoB.
The court found that the initial notification stated that no families would be displaced due to the land acquisition, while the Social Impact Assessment (SIA) report stated otherwise. Due to this discrepancy, the notification issued without due consideration and the entire acquisition process carried out on its basis do not meet legal standards, it said.
The court clarified that the construction of the RoB is necessary for the city's traffic and public interest, but the legal rights of the affected people cannot be compromised. Therefore, the government must restart the acquisition process by issuing a new or amended notification under Section 11 within two weeks of receiving a certified copy of the order, it said.
The high court also directed that the entire land acquisition process be completed within six months....
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