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2018 Supreme(All) 2404
IN THE HIGH COURT OF JUDICATURE AT ALLAHABAD (LUCKNOW BENCH)
VIKRAM NATH, RAJESH SINGH CHAUHAN, JJ.
Maya Devi – Appellant
Versus
State of U.P. and Ors. – Respondents
Land Acquisition No. 12658 of 2018
Decided On : 24-07-2018
For the Appellant : Vinay Misra and Raj Kumar Gupta, Adv.
For the Respondents: C.S.C. and Mehesh Chandra, Adv.
The primary issue in the case was the delay in making the award for the remaining area of the plot, and the petitioner's entitlement to maintain the petition was considered a subsequent matter.
Headnote:
Land Acquisition - Compensation - Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 - Section 24(1)(a)
Fact of the Case:
The petitioner sought a mandamus to declare the award of a plot's market value as per the 2013 Act. The dispute related to the remaining area of a plot acquired in 1983, for which the award had not been made. The U.P. Avas Evam Vikas Parishad objected to the petitioner's entitlement to maintain the petition.
Finding of the Court:
The court held that the primary question was why the award had not been made, and the petitioner's entitlement was a subsequent matter. The U.P. Avas Evam Vikas Parishad's objection was not valid, and their liability was to deposit the compensation amount demanded by the Collector.
Issues: The issues revolved around the delay in making the award for the remaining area of the plot and the petitioner's entitlement to maintain the petition.
Ratio Decidendi: The court emphasized that the primary issue was the delay in making the award, and the petitioner's entitlement was a subsequent matter to be decided by the Collector. The U.P. Avas Evam Vikas Parishad's objection was not valid, and their liability was to deposit the compensation amount demanded by the Collector.
Final Decision: The court disposed of the petition based on the Collector's assurance to make the award within one month and the U.P. Avas Evam Vikas Parishad's commitment to deposit the compensation amount as demanded.
JUDGMENT :
1. Pursuant to order dated 20.7.2018 Sri Kaushal Raj Sharma, District Magistrate, Lucknow, Sri R.K. Tiwari, Additional Collector, Land Acquisition, Lucknow and Sri Mahendra Kumar, Secretary, U.P. Avas Evam Vikas Parishad are present.
2. We have heard learned counsel for the petitioner, Sri Shashank Bhasin, learned Brief Holder for the State-respondents and Sri Ratnesh Chandra, learned counsel representing respondent No. 2. The present petition has been filed with the prayer for issuing appropriate direction in the nature of mandamus commanding the Special Land Officer, Lucknow to declare the award of the plot in question after determination of the market value of the land as applicable on 1.1.2014 as per D.O. of Central Government dated 26.10.2015 in order to give effect to the provisions of section 24(1)(a) of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (hereinafter referred to as the 2013 Act).
3. The facts relevant for deciding the present petition are that plot No. 524 having total area measuring 19 Biswa 8 Biswansi was recorded in the name of Nanhu. Out of total area, an area of 4 Biswa 10 Biswansi was acquired in the year 1973 under the U.P. Awas Vikas Parishad Adhiniyam, 1965 (hereinafter referred to as the 1965 Act), and notifications were issued, award was given on 31.5.1982 and payment of compensation of Rs. 6,289.93 paise was given to Nanhu on 21.2.1983. The present petition does not relate to the said acquisition which had become final and we are not dealing with the same.
4. The present dispute relates to remaining area of plot No. 524 i.e. 14 Biswa 18 Biswansi. The said part of plot No. 524 came to be acquired vide notification under section 28 of the 1965 Act issued on 30.7.1983. Thereafter the declaration under section 32 of the 1965 Act was made on 12.2.1987. The fact remains that thereafter award has not been made so far as this remaining area measuring 14 Biswa 18 Biswansi is concerned. It was for this reason that we had called the officers from the district administration as also the U.P. Avas Evam Vikas Parishad to place before the Court as to why award has not been made so far.
5. A short counter-affidavit has been filed by the U.P. Avas Evam Vikas Parishad in which the main objection is that the petitioner not being the legal heir of the recorded tenure holder, would not be entitled to maintain the petition. In our considered opinion this question as to whether the petitioner is or is not entitled to receive the compensation or to maintain this petition would be a subsequent matter. The primary and first question which arises is as to why the award has not been made and it would be for the Collector or the Special Land Acquisition Officer dealing with the land acquisition matters to decide as to who is entitled to receive the compensation and it does not lie in the mouth of U.P. Avas Evam Vikas Parishad to raise such objection. The liability of U.P. Avas Evam Vikas Parishad is to deposit the entire amount as may be demanded by the Collector in preparation of the award as compensation for the land acquired.
6. Referring to the relevant records available with the learned counsel appearing for the respondents it was stated that even though the land acquisition proceedings were initiated way back in 1983 by publication of notification under section 28 and thereafter for the declaration under section 32 of the 1965 Act in the year 1987 but despite the same the recorded tenure-holders executed the sale-deeds in the year 1990-91 in favour of Aashiyana Housing Co-operative Society which brought up a litigation before this Court being W.P. No. 3123(M/B) of 1991 which related to five plots i.e. plot No. 524, the present plot in question also, apart from four other plots i.e. 470, 509, 522 and 510. In the said petition an interim order was passed directing the parties to maintain status-quo on 15.7.1992 which was extended from time-to-time. Sub
