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Allahabad High Court · body

2012 DIGILAW 1200 (ALL)

PAWAN KUMAR GUPTA v. STATE OF U. P.

2012-05-17

ADITYA NATH MITTAL, SUNIL AMBWANI

body2012
JUDGMENT By the Court.—We have heard Pankaj Dubey for the petitioner. Learned standing counsel has accepted notice on behalf of respondent Nos. 1 and 2. Sri Madan Mohan appears for respondent No. 3 — Executive Engineer, UP Avas Evam Vikas Parishad, Meerut. Sri Ajay Rajendra appears for respondent Nos. 4 and 5 — Ganga Saran and Devendra - both sons of Sri Tek Chand. 2. The petitioner has purchased the entire 1/8th share of respondent Nos. 4 and 5, in plot Nos. 116, 117, 196 and 197 in the revenue village Sarai Quji, Pargana, Tehsil and District Meerut by sale-deeds dated 9.3.2004 and 12..3.2004. At the time of purchase of the land, the notification under Section 28 of the Uttar Pradesh Avas Evam Vikas Parishad Act 1965, proposing to acquire the land for “Jagriti Vihar Bhumi Vikas and Grah Sthal Scheme No. 11”, was issued by the U.P. Avas Evam Vikas Parishad on 20.4.2002. The notification under Section 32 of the Act, for acquiring the land was issued on 24.1.2007. 3. The petitioner applied for compensation of the share in plots purchased by him. His application was rejected by the Additional District Magistrate (Land Acquisition) Awas, Meerut on 6.10.2009, on the ground that that sale-deeds were executed after the issuance of the notification of the Scheme No. 11, of the U.P Avas Evam Vikas Parishad, and that the name of the petitioner has not been mutated in the revenue records. The Additional District Magistrate was of the opinion that the sale-deeds are void in law. 4. Section 28 of the U.P. Avas & Vikas Adhiniyam provides for issuing notification of the proposal to acquire the land. It is analogous to Section 4 of the Land Acquisition Act 1894. The land was acquired after deciding objections and by issuing notification under Section 32 of the Adhiniyam, which is a final declaration of acquisition of land by the State Government, for the U.P. Avas Evam Vikas Parishad. The land vests in the State only after final notification under Section 32 of the Act. The rights of the parties for sale and purchase are only clouded, and by notification proposing to acquire the land. 5. The observation of the Additional District Magistrate, (Land Acquisition) Awas, Meerut that the sale-deeds are void, is thus not correct. 6. It is submitted by Shri Ajay Rajendra, appearing for respondent Nos. The rights of the parties for sale and purchase are only clouded, and by notification proposing to acquire the land. 5. The observation of the Additional District Magistrate, (Land Acquisition) Awas, Meerut that the sale-deeds are void, is thus not correct. 6. It is submitted by Shri Ajay Rajendra, appearing for respondent Nos. 4 and 5, that the sale-deed was got executed by playing fraud, and that he has advised his clients to file a suit for cancellation of the sale-deed. 7. The sale-deeds were executed on 9.3.2004 and 12.3.2004. The reason, as to why two sale-deeds were executed by the same person in respect of the same area and for same sale consideration in favour of the petitioner, has not been adequately explained on record. 8. It is submitted by Shri Pankaj Dube, that the respondent Nos. 4 and 5 had 1/4th share and that the second sale-deed was executed only to clarify inasmuch as in the first sale-deed a mention was made that they had 1/8th share. In such case a supplementary sale-deed for correction of the earlier sale-deed should have been executed. 9. Be that as it may, it is not denied that the sale-deeds were executed on 9.3.2004 and 12.3.2004, when the notification under Section 32 was not issued. The notification under Section 32 of the Adhiniyam came to be issued on 24.1.2007 and thus it cannot be said that the sale-deeds are void on account of the fact that they were issued in respect of the land, which was acquired. 10. In the facts and circumstances, we find that the reasons given in the order of the Additional District Magistrate dated 6.10.2009 are not correct. The sale-deeds cannot be said to be void on the ground that the land was proposed to be acquired. The writ petition is allowed. The impugned order dated 6.10.2009 passed by the Additional District Magistrate (Land Acquisition) Awas, Meerut is set aside. The Additional District Magistrate (Land Acquisition) Awas is directed to decide the claim of petitioner afresh in accordance with the law. If he finds that there is any bona fide dispute with regard to the shares, it will be open to him to refer the matter under Section 30 of the Land Acquisition Act, which is applicable to acquisition of land under the Adhiniyam. ——————