Point of law: There is no provision under the Land Acquisition Act under which the Circular dated 28.12.1974 could be issued. Whatever compensation has to be given for acquisition of the land is provided under the Land Acquisition Act itself which is a self-contained Code. Any G.O. providing for any further benefit not mentioned in the Land Acquisition Act would be inconsistent with the intention of Parliament as contained in the Land Acquisition Act

JUDGMENT :

Prakash Padia, J.

The petitioner has preferred the present writ petition with the following main prayer :-

"i. Issue a writ order or direction in the Nature of Mandamus commanding the Respondents-Authorities to allot the Aabadi Plot to the extent of 10% in light of Judgment and order dated 21.10.2011 passed by Full Bench of this Hon'ble Court in case of (Gajraj and others Vs. State of U.P. and others)."

2. The facts in brief as contained in the writ petition are that the petitioner is bhumidhar with transferable rights of Khasra No.339M area 0.0863 hectare situated in revenue Village Sirsa, Pargana-Dadri, Tehsil Dankour, District Gautam Buddh Nagar. A notification under Section 4(1)/17 of the Land Acquisition Act, 1894 (hereinafter referred as Act, 1894) was issued by the State Government on 12.3.2008, which was followed by a notification under Section 6 of the Act, 1894 on 11.7.2008.

3. It is contended in paragraph 7 of the writ petition that the petitioner was under impression that the land in question is being acquired for Industrial Development, therefore, he will receive the compensation through agreement Rules of 1997.

4. It is further argued that in similar matter large number of writ petitions were filed before this Court, which were ultimately decided by a full Bench of this Court in the case of Gajraj and others Vs. State of U.P. and others, (2011) 11 ADJ 1.

5. One of the plea that was raised before the Full Bench in Gajraj was that the State Government was not justified in dispensing with the provisions of Section 5-A of the Act by invoking the provisions of sub-sections (1) and (4) of Section 17 of the Act. The Full Bench held that the State was not justified in dispensing with the enquiry contemplated under Section 5-A of the Act. Three sets of directions were then issued. Some of the writ petitions that had been filed with unexplained delay and laches were dismissed. The notifications issued in respect of villages where no development had taken place were quashed. However, in respect of some villages where substantial development had taken place, instead of quashing the acquisition proceedings even after accepting the plea that the provisions of Section 17(1) of the Act were wrongly invoked, the Full Bench enhanced the compensation by 64.7% as well as issued directions for allotment of developed abadi plots. The operative portion of the directions issued by the Full Bench in respect of petitions where relief for additional compensation and allotment of developed abadi plot was granted, is as follows:-

"482 (3). All other writ petitions except as mentioned above at (1) and (2) are disposed of with following directions:

(a) The petitioners shall be entitled for payment of additional compensation to the extent of same ratio (i.e. 64.70%) as paid for village Patwari in addition to the compensation received by them under 1997 Rules/award which payment shall be ensured by the Authority at an early date. It may be open for Authority to take a decision as to what proportion of additional compensation be asked to be paid by allottees. Those petitioners who have not yet been paid compensation may be paid the compensation as well as additional compensation as ordered above. The payment of additional compensation shall be without any prejudice to rights of land owners under section 18 of the Act, if any.

(b) All the petitioners shall be entitled for allotment of developed Abadi plot to the extent of 10% of their acquired land subject to maximum of 2500 square meters. We however, leave it open to the Authority in cases where allotment of abadi plot to the extent of 6% or 8% have already been made either to make allotment of the balance of the area or may compensate the land owners by payment of the amount equivalent to balance area as per average rate of allotment made of developed residential plots.

4. The Authority may also take a decision as to whether benefit of additional compensation and allotment of abadi plot to the