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2018 DIGILAW 1623 (ALL)

Maya Devi v. State of U. P.

2018-07-24

RAJESH SINGH CHAUHAN, VIKRAM NATH

body2018
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. 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. Subsequently, the said W.P. No. 3123(M/B) 1991 was dismissed for want of prosecution on 24.7.2000. The said order has become final as no recall is pending against the same. 7. 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. Subsequently, the said W.P. No. 3123(M/B) 1991 was dismissed for want of prosecution on 24.7.2000. The said order has become final as no recall is pending against the same. 7. Further according to the Collector, Lucknow it was for the first time in 2005, U.P. Avas Evam Vikas Parishad wrote to the Collector to make the award of this plot No. 524. There is no correspondence which could be placed before us after 2005 till 2017. When some correspondence again initiated as to applicability of the provisions under which the determination of compensation should be made. In this respect reference has been made to 3-4 letters between the Collector/Additional Collector, Lucknow and the officers of the U.P. Avas Evam Vikas Parishad. There is a communication dated 18.11.2017 from the Housing Commissioner addressed to the Collector, its reply by the Collector is dated 7.12.2017. Thereafter a further communication from the Deputy Housing Commissioner dated 22.12.2017 addressed to the Additional Collector, Land Acquisition, then a reply from the Additional Collector is dated 30.12.2017. 8. A perusal of these letters which have been placed on record as part of instructions only indicates that the issue was as to whether the compensation has to be determined taking into consideration the provisions of the 2013 Act or the provisions of the Land Acquisition Act, 1894 (hereinafter referred to as the 1894, Act). Counsel for both sides have sought to argue on this issue but we are not inclined to go into this question as it would be for the Collector/Additional Collector, Land Acquisition to determine the compensation and make the award in accordance with law on the basis of the applicable provisions for determination of compensation. 9. The Collector, Lucknow, Sri Kaushal Raj Sharma, has not been able to give any explanation as to what happened after 2005 till 2017 and why this file remained pending for making award. For this gap of almost 12 years, the Collector may get an enquiry conducted in his office as to who were the officers responsible for processing the matter for these 12 years as the delay in making the award ultimately not only increased the amount of compensation by award of heavy interest but is also not good as a public policy and good administration. The inquiry which the Collector may conduct should be taken to a logical conclusion within a period of two months. 10. Sri Kaushal Raj Sharma, Collector, Lucknow has further assured that within one month the award would be made with respect to Plot No. 524, Area 14 Biswa 18 Biswansi and for which due communication would be made to the U.P. Avas Evam Vikas Parishad for depositing any additional amount as may be necessary and the same would be paid to the person entitled under law within a further period of two weeks from the date of giving award. 11. The U.P. Avas Evam Vikas Parishad will ensure that as and when the Collector/Additional Collector, Land Acquisition, informs about the amount to be deposited as compensation the same would be deposited within a week from the date of receipt of such request. 12. In view of the statement made by the Collector, Lucknow, this petition stands Disposed off.