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2018 Supreme(All) 265

ALLAHABAD HIGH COURT
(Lucknow Bench)
VIKRAM NATH AND ABDUL MOIN, JJ.
DINESH KUMAR AND OTHERS - Petitioners
Versus
STATE OF Uttar Pradesh AND OTHERS - Respondents
(Land Acquisition No. 67 of 2010, decided on 27th March, 2018)

Advocates:
Counsel :
Vivek Raj Singh, A.K. Bajpai, Ishwar Dutt Shukla, Manish Jauhari, Mohd. Rafi Khan, Mohit Jauhari and Santosh Kumar Mehrotra for the Petitioners; C.S.C., Madan Mohan Pandey, Mukund Tewari and Namit Sharma for the Respondents.

Headnote:Land Acquisition Act, 1894—Sections 17, 6, 4, 11-A and 9(3)—Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013—Section 24(2)—Land acquisition—Notification—Delay and Laches—Challenge after ten years—Notice under Section 9(3) for disputed piece of land has not been disclosed rather it has been concealed—Notification under Section 4 was made alongwith Section 17 of 1894, Act whereby indicating that provisions of Section 5(A) of 1894 Act shall not apply—Grounds of challenge to notification under Sections 4 and 6 on basis of Sections 11 and 11-A shall not be applicable—Same award has been accepted by petitioners for one plot of land but petitioners are challenging award including notification with respect to another plot of land—And this fact was never disclosed by them while filing the petition though both the pleadings form part of notification under Sections 4 and 6 as well as award dated 21.10.2008—Petition not maintainable also on ground of delay and laches. [Paras 15 to 43]

       Result; Petition Dismissed.

       

JUDGMENT

Hon’ble Abdul Moin, J.—Heard Sri Vivek Raj Singh learned counsel for the petitioners, Sri Madan Mohan Pandey and Sri Mukund Tewari, learned counsels representing respondent-Lucknow Development Authority as well as Sri Shishir Chauhan learned Brief Holder for the State-respondents and perused the original records produced before us by Sri Chauhan.

2. By means of the present petition, the petitioners have prayed for the following relief :

“1. Issue a writ, order or direction in the nature of certiorari quashing the notification No. 2992/9- AA-3-2000-74LA - 96 Lucknow dated 5th September, 2000 under Section 4 and notification No. 657/IX-A-3-2001-74L.A./96 Dated Lucknow February, 2001 under Section 6 of the Land Acquisition Act, 1894 in respect of Khasra No. 242 situated at Village Makhdumpur, Gomti Nagar Vistar, Lucknow as contained in Annexure 3 and 4 to the Writ Petition.

2. If the Hon’ble Court is not pleased to grant the first relief as prayed hereinabove, then the Hon’ble Court may kindly be pleased to set-aside the Award dated 21.10.2008 in regard to Khasra Plot No. 242 measuring 2 Bigha 12 Biswa 14 Biswansi situated in Village Makhdumpur, Gomti Nagar Vistrar, Lucknow.

3. Issue any other relief which this Hon’ble Court may deem just and equitable in the facts and circumstances of the present case be granted in in favour of the petitioners.

4. The cost of the present petition be allowed in favour of the petitioners.”

3. During pendency of the petition, the petitioners preferred an application seeking amendment in the writ petition which was allowed by this Court vide order dated 17.12.2014. By means of the said amendment, certain facts and grounds were sought to be amended which pertain to the petitioners’ seeking benefit of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (hereinafter referred to as the 2013 Act). However, at the time of arguments, the petitioners have filed a supplementary-affidavit dated 7.3.2018 by which it has been indicated that the petitioners do not wish to press their plea of Section 24(2) of the 2013 Act in the instant proceedings and that they pray that their plea regarding challenge to the impugned orders/notifications on other legal grounds which existed in the year 2010 i.e. at the time of filing of the instant writ petition be heard. Consequently, we are proceeding to hear the matter on the grounds taken by the petitioners in the writ petition except on the facts and grounds of Section 24(2) of the 2013 Act.

4. The case set forth by the petitioners are that they are joint owner of the land bearing Khasra No. 242 comprising an area of 0.6670 hectare (2 bighas, 12 biswas and 14 biswansis) situated at Village Makhdumpur, Gomti Nagar Extension, Lucknow. On 5.9.2000 the State Government issued notification under Section 4 read with Section 17 of the Land Acquisition Act, 1894 (hereinafter referred to as the 1894 Act) in the official gazette for acquiring 1146.75 Acres of land in Village Makhdumpur, Gomti Nagar Extension, Lucknow and the adjoining area for Amar Saheed Path, Gomti Nagar Extension Scheme, Lucknow which included the land of Khasra No. 242 of the petitioners. After publication of the said Section 4 notification in the official gazette, the same was also published in two daily newspapers on 7.9.2000 and 11.9.2000. Copy of the said gazette notification under Section 4 of the 1894 Act is Annexure-3 to the writ petition. vide notification dated 16.2.2001, the declaration under Section 6 read with Section 17 of the 1894 Act was issued for the aforesaid land and the same was published in the official gazette on 16.2.2001 declaring that the land mentioned in the schedule is needed for public purpose of Amar Saheed Path, Gomti Nagar Extension Scheme, Lucknow. The same was also published in two daily newspapers on 17.2.2001. Copy of the said notification under Section 6 of the 1894 Act is Annexure-4 to the writ petition.

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