PETITIONER: SATYA PAL & ORS. Vs. RESPONDENT: THE STATE OF U.P. & ORS. DATE OF JUDGMENT: 26/11/1996 BENCH: K. RAMASWAMY, G.T. NANAVATI ACT: HEADNOTE: JUDGMENT:
O R D E R
Leave granted,
We have learned counsel on both sides.
This appeal by special leave arises from the judgement
and order of the Division Bench of the High Court of
Allahabad made on November 1,1995 in W.P. No.30914/95.
The acquisition is under the U.P. Avas Evam Vikas
Parishan Adhiniyam, 1965 . The controversy is whether the
Land Acquisition act 68 of 1984 would apply to the
acquisition made under the Adhiniyam. In Gaurishankar Gaur
vs. State of U.P.[(1994) (1) SCC 921, a bench of two Judges
of this court, to which one of us, K. Ramaswamy, J. had held
that this Adhiniyam and the procedure prescribed therein
vis-a-vis the Land Acquisition Act, 1894 (1 of 1894) by
incorporation and, therefore, the Amendment Act does not
apply to the acquisition under the Adhiniyam. Hon’ble R.M.
Sahai, J. had taken a different view on that matter.
However, on merit both agreed for shifting of the date for
payment of the compensation to the later date of declaration
as under :
“Though for different reasons, we
have come to the same conclusions
that the civil appeals and writ
petitions shall stand dismissed.
But the appellants and petitioners
shall be paid compensation on the
market rate prevalent in the year
the declaration analogous to
section 6 of the Land Acquisition
Act, 1894 were issued. In view of
the special facts and peculiar
circumstances and nor as of Law we
have adapted this course.”
Subsequently, the question was considered by another
Bench of this Court in U.P. Avas Evam Vikas Parishad Lucknow
vs. Lata Awasthi [(1995) 3 SCC 573] wherein it was held that
the Amendment Act has no application since some of the
provisions of the Land Acquisition Act, 1894(1 of 1894) were
incorporated into the Adhiniyam. The same view was
reiterated in Ramesh Chandra Tiwari & ors. vs. U.P. Avas
Evam Vikas Parishan, Lucknow [CA No.1832/86] decided January
8,1996 by another Bench. Under these circumstances, it is
now settled law that the Land Acquisition Amendment Act 68
of 1894, has no application. The notification under
Adhiniyam similar to section 4 and the declaration similar
to Section 6 do not stand lapsed after the expiry of two
years from the date the Amendment Act has come into force.
The High Court, therefore, was right in refusing to grant
the relief.
The Land Acquisition Officer is directed to pass the
award in accordance with law within a period of six weeks
from the date of the receipt of this order. If the Land
Acquisition Officer does not pass the award within that
period, he should award interest on the amount awarded @ 18%
from the date of the expiry of six weeks till the date of
the deposit with him of the compensation by the
requisitioning authority. In any event, if the amount is not
deposited with the Land Acquisition Officer within a further
period of three months thereafter, there shall be a
direction to the State Government to withdraw from the
acquisition.
The appeal is accordingly ordered. No costs.