1. Land acquisition under UP Avas Evam Vikas Parishad Adhiniyam, 1965 — Dispute regarding applicability of Land Acquisition Act, 1894 and Amendment Act 68 of 1984. (Para 2 )
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1996 Supreme(SC) 43
1996(1) Supreme 512
SUPREME COURT OF INDIA
K. Ramaswamy & G. Pattanaik, JJ.
Ramesh Chandra Tiwari & Anr. -Appellants
versus
U.P. Avas Evam Vikas Parishad Lucknow & Ors. -Respondents
Civil Appeal No. 1823 of 1996
Decided on 8-1-1996
IMPORTANT POINT
The controversy raised in thus case is covered in (1994) 1 SCC 92 which is reiterated in (1995) 3 SCC 573.
Headnote:U.P. Avas Evam Vikas Adhiniyam, 1965-Notification issued under Section 28 and declaration made under Section 38 for acquisition of land under-Whether valid ? (Yes)-Procedure prescribed under Adhi-niyam would prevail over the procedure under Land Acquisition Act, 1894-Land Acquisition (Amendment) Act, 1984 does not apply to the acquisition under the Adhiniyam-Claimants are entitled to compensation determined with reference to the date of declaration under Section 32 of the Adhiniyam for the reasons mentioned in Gauri Shanker s case, (1994)1 SCC 92. (Para 2)
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Table of Contents
2. Whether the procedure under the Land Acquisition Act, 1894 and the Land Acquisition (Amendment) Act 68 of 1984 applies to acquisitions under the UP Avas Evam Vikas Parishad Adhiniyam, 1965. (Para 2 )
3. The court found that the procedure prescribed under the UP Avas Evam Vikas Parishad Adhiniyam, 1965 prevails over the general provisions of the Land Acquisition Act, 1894. (Para 2 )
4. Section 6 of the Land Acquisition Act, 1894 and the Land Acquisition (Amendment) Act 68 of 1984 are inapplicable to acquisitions under the UP Avas Evam Vikas Parishad Adhiniyam, 1965. (Para 2 )
5. Appeal disposed of; notifications and declarations under the Adhiniyam held valid; compensation to be determined based on the date of declaration under Section 32. (Para 2 , 3 )
6. Does Section 6 of the Land Acquisition Act, 1894 apply to acquisitions under the UP Avas Evam Vikas Parishad Adhiniyam, 1965?
No, Section 6 of the Land Acquisition Act, 1894 has no application to acquisitions initiated under the UP Avas Evam Vikas Parishad Adhiniyam, 1965. (Para 2 )
7. Does the Land Acquisition (Amendment) Act 68 of 1984 apply to acquisitions under the UP Avas Evam Vikas Parishad Adhiniyam, 1965?
No, the Land Acquisition (Amendment) Act 68 of 1984 does not apply to acquisitions initiated under the UP Avas Evam Vikas Parishad Adhiniyam, 1965. (Para 2 )
8. How is compensation determined for acquisitions under the UP Avas Evam Vikas Parishad Adhiniyam, 1965?
Claimants are entitled to compensation determined with reference to the date of declaration under Section 32 of the Act. (Para 2 )
ORDER
Leave granted.
2. The controversy raised in this case is squarely covered by the judgment of this Court in Gauri Shankar Gaur & Ors. v. State of U.P. & Ors.1, wherein this Court had held that the provision of Section 6 of the Land Acquisition Act, 1894 had no application to the acquisition initiated under UP Avas Evam Vikas Parishad Adhiniyam, 1965 and the procedure prescribed in Sections 28 and 32, as modified by operation of Section 55 read with para 2 of the Schedule would be applicable. Consequently, the Land Acquisition (Amendment) Act 68 of 1984 had no application. The above view was reiterated by this Court in UP Avas Evam Vikas Parishad, Lucknow v. Lata Aswathi.2 Consequently, the notification issued under Section 28 and declaration made under Section 38 of the Adhiniyam are valid in law. The procedure prescribed under the Adhiniyam should prevail. The Amendment Act 68 of 1984 does not apply to the acquisition under the Adhiniyam. However, in view of the judgment in Gauri Shankar s case (supra), the claimants would be entitled to the compensation determined with reference to the date of declaration under Section 32 of the Act for the reasons mentioned therein.
3. The appeal is accordingly disposed of.
Appeal decided accordingly.
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