Government cannot force private landowners to execute sale deeds for acquisition of land: Allahabad High Court
With this, the court directed the authorities not to harass the petitioners or forcibly obtain their consent for executing sale deeds. It also made it clear that voluntary sale and compulsory acquisition are two distinct legal processes.
The Allahabad High Court has ruled that government authorities cannot compel private landowners to sign sale deeds for land acquisition. On Friday (August 21, 2026), the Lucknow Bench stated that land purchases can only occur through a sale deed if the owner willingly agrees to sell and both parties agree on the price. If no consent is obtained, the State government must follow the statutory land acquisition process.
The court emphasized that voluntary sales and compulsory acquisitions are separate legal procedures. The ruling came after a petition by Akhilesh Kumar Pankaj and seven others regarding the acquisition of their land in Devipatan Tulsipur village of Balrampur district for road widening. While nearly 80% of the required land had been purchased through sale deeds, the authorities were unable to contact the petitioners or secure their consent for the land acquisition.
The petitioners argued that they were unwilling to sell their property and claimed that the authorities were pressuring them at an unacceptable rate. The bench clarified that the land acquisition law is clear, and landowners can sell to the State if they agree on a fair price. However, without consent, the State must follow the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013, to acquire the land. The court also directed authorities not to harass petitioners or forcibly obtain their consent.
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