Authority: Supreme Court of India
Order Date: 16-09-2026
Case Overview
- Petition for Special Leave to Appeal (C) No. 8652/2024 filed by Vaikunth Vihar Sehkari Awas Samiti Ltd against the State of Uttar Pradesh & others, arising from the final judgment dated 18-12-2019 in WC No. 41244/2019 of the Allahabad High Court.
- Several interlocutory applications were listed: IA 56491/2025 (withdrawal of deposited amount), IA 232206/2023 (exemption from filing O.T.), IA 253162/2023 (permission to file additional documents).
- The State submitted an affidavit signed by Arun Kumar Singh, Additional District Magistrate (Land Acquisition), stating that a notice under Section 12(2) of the Land Acquisition Act, 1894 had been issued and land owners were intimated.
Court Observations and Directions
- The Court noted that the affidavit did not contain the required proof of dispatch or service of the Section 12(2) notice.
- The State was granted a further opportunity to place on record either the proof of service or the proof of dispatch of the notice before the next hearing date.
- Regarding IA 56491/2025, the Court permitted the petitioner‑society to withdraw the amount deposited before the District Judge, Gautam Buddh Nagar, and directed the jurisdictional court to disburse the amount to the society after due verification, identification, and upon the society placing a resolution passed by its Committee on record.
- Disbursement may be effected by a cheque drawn in favour of the society or through RTGS/NEFT upon furnishing of the society’s bank details.
- The order was allowed in part and the matter was listed for further hearing after four weeks.
Final Outcome
- The State must produce proof of service or dispatch of the Land Acquisition Act notice; IA 56491/2025 is partially granted, enabling the society to recover its deposited amount subject to verification and procedural compliance.
Topics: Land Acquisition, Housing Society, Court Order