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Setting aside the interim order passed by the Allahabad High Court directing the State Government of Uttar Pradesh to pay Rs.10,000 per month to the land losers over and above the amount of compensation awarded to them for the acquired lands, the Top Court held that the same could not have been passed by the High Court in exercise of powers under Article 226. 

The bench of Justices MR Shah and BV Nagarathna stressed that the same was not even the relief claimed by the original landowners.

Aggrieved by the said interim order, the State of Uttar Pradesh had approached the Top Court in 2015. In 2016, the Top Court had in fact stayed the operation of the said order.

Further, V.K. Shukla, the Senior Advocate, appearing for the State of UP stated before the court that the main writ petition before High Court has been disposed of recently by an order dated November 24, 2021.

The bench was further told that the entire amount of compensation for the acquisition of lands acquired has also been paid to the original writ petitioner.

In view of this submission, the bench noted, "Considering the fact that the main writ petition itself has been disposed of now and the order impugned was an interim order, as such the present appeal has become infructuous by efflux of time and in view of subsequent development."

Lastly, allowing the appeal filed by the UP Government, whilst noting that impugned order under Article 226 could not be passed by High Court, the bench held,

"In that view of the matter, the impugned order passed by the High Court insofar as payment of Rs.10,000/- to each of the affected farmers is concerned, the same is hereby quashed and set aside."

Case Title: State Of Uttar Pradesh & Ors. Vs. Hetram & Ors.