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2003(6) Supreme 401
SUPREME COURT OF INDIA
(From Allahabad High Court)
V.N. Khare, CJI., S.B. Sinha, J.
Smt. Kanak & Anr. -Appellants
versus
U.P. Avas Evam Vikas Parishad & Ors. -Respondents
Civil Appeal No. 4170 of 1999
With
C.A. No. 4171 of 1999
Decided on 1-9-2003
Counsel for the Parties :
For the Appearing Parties : Dinesh Dwivedi, Sr. Advocate, P.K. Jain, K.C. Jain, E.C. Agrawala, Mahesh Agarwal, Rishi Agarwal, Advocates.
Held : The Tribunal, as stated hereinbefore, had made this award as far back on 24.5.1993 and the respondent was advised to file appeal on 7.2.1994. Presumably having regard to the objections as regard maintainability of the appeal taken by the Registry of the High Court as also the objection raised by the appellants herein the respondent was advised to file a writ petition. Under the law based on judicial decisions as then existed Parishad had no locus standi to file appeal before the High Court and therefore writ petition at the instance of Parishad was only remedy available. (Paras 27 & 28)
The respondent herein was not a party before the Tribunal. It, thus, could not have applied for grant of a certificate for appeal to the High Court nor did it do so in fact. In such a situation the question of the Tribunal s granting a certificate or refusing to grant the same so as to enable the Parishad to maintain an appeal before the High Court in terms of Sub-Section (1) of Section 381 did not arise. Having regard to the nature of the provisions contained in Section 381, no appeal could have been preferred by it nor was it maintainable as the conditions precedent therefor were not capable of being satisfied. Once it is held that the appeal was not maintainable, the same was, for all intent and purport, non-est in the eye of law. Thus, if the appeal preferred by the respondent- Parishad was not maintainable, the question of complying with the conditions precedent therefor, namely, depositing the awarded amount would also not arise. Once it is held that the respondent could not have taken recourse to the provisions of Section 381 of the Mahapalika Adhiniyam there cannot be any doubt whatsoever that it was entitled to file writ petition. (Paras 23 and 24)
(ii) Land Acquisition Act, 1894-Section 50-U.P. Nagar Mahapalika Adhiniyam 1959-Reference-Housing Scheme-Agreement to transfer execution of scheme-Notice to person for whose benefit land is acquired or who is responsible for payment of compensation amount-No formal notice served upon respondent Parishad-High Court should have remitted the matter back to reference Court with a direction that respondent Parishad may be impleaded as a party. (Paras 37 and 38)
JUDGMENT
S.B. Sinha, J.-Whether and, if any, to what extent a Writ Petition will be maintainable at the instance of the respondent-Parishad questioning an award made on a reference under Section 18 of the Land Acquisition Act is the primal question involved in these appeals, which arise of a judgment and order 20.5.1998 passed by a Division Bench of the Allahabad High Court in First Appeal No. 549 of 1994 and Civil Misc. Writ Petition No. 11625 of 1996.
BACKGROUND FACTS :
2. The respondent herein is a statutory body created under the provisions of Uttar Pradesh Avas Evam Vikas Parishad Adhiniyam, 1965 (hereinafter referred to as the 1965 Adhiniyam ).
3. Agra Nagar Mahapalika, a body constituted under Uttar Pradesh Municipal Corporations Adhiniyam, 1959 framed a housing scheme entitled "Ghatwasan Grah Isthan Evam Sarak Yojna". It issued a notification on 23.4.1960 under Section 357 of U.P. Nagar Mahapalika Adhiniyam 1959 ( hereinafter referred to as Mahapalika Adhiniyam ) which is equivalent to Section 4(1) of the Land Acquisition Act.
4. A declaration purported to be in terms of Section 363 of the Mahapalika Adhiniyam which is in pari materia with Section 6 of the Land Acquisition Act was issued on 26.9.1964. The respondent - Parishad was constituted in terms of the 1965 Adhiniyam. After the respondent-Parishad came into being, an agreement was executed between the Mahapalika and the Parishad to transfer the execution of the said scheme in terms of Section 47 of the 1965 Adhiniyam. In furtherance of the aforementioned notification under Section 357 and a declaration under Section 363 of the Mahapalika Adhiniyam, the Special Land Acquisition Officer (SLAO) took possession of the land sought to be acquired on or about 18.6.1971. An award in relation thereto upon assessing the market value thereof was made by the SLAO on or about 24.11.1972 at the rate of Rs. 1.34 per square yard. Allegedly, in his award it was held that the acquired land was surrounded by various colonies and localities and was of full building potentially. Within the determined amount of Rs. 89,914.24, a sum of Rs. 33,573.48 was paid to the owners of the land but payment in relation to the rest thereof, namely, Rs. 56,340.76 was withheld having regard to the dispute of title in relation thereto. The owners of the land purported to be aggrieved by and dissatisfied with the quantum of compensation awarded by the SLAO moved an application for reference before the Collector, Agra on 1.1.1973. But no reference was made for a period of eight years. Several registered deeds of sale, however, were executed by the owners in favour of several persons assigning their compensation rights. The said assignees are presently represented by the appellants.
5. Allegedly, the Tribunal constituted for adjudicating on the reference assessed the market value of the land at the rate of Rs. 12/- per square yard by reason of two awards in relation to some other lands; one of which is said to have been accepted by the State. According to the appellants, having regard to the fact that the land in question was contiguous to the lands which were the subject matter of reference, the Tribunal also made an award on 24.5.1993 assessing the market value at the rate of Rs. 12/- per square yard keeping in view the exemplar-Award. Other statutory benefits in terms of the Land Acquisition (Amendment) Act, 1984 were also granted. The Tribunal furthermore awarded damages in terms of Section 48A of the Act.
6. The respondent -Parishad preferred an appeal thereagainst before the High Court purported to be in terms of Section 381 of the Mahapalika Adhiniyam. The said appeal, however, was barred by 100-days. No pre-deposit was also made in terms of Sub-Section (3) of Section 381 of the Mahapalika Adhiniyam nor any fitness certificate to prefer an appeal in terms of Sub-Section (1) of Section 381 thereof was granted. Despite the said defect, however, by an order dated 30th September, 1994 the High Court
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