Agra Development Authority Vs. Special Land Acquisition Officer & Ors  Insc 71 (7 February 2001)
Babu. & S.N. Variava. S. N. Variava, J.
Appeal has been filed against a Judgment dated 5th January, 2000, wherein a writ petition filed by the Appellant has been
On 30th January, 1989, a notification under Section 4 of
the Land Acquisition Act 1894 had been issued for acquiring approximately
751.22 acres of land. On 8th
notification under Section 6 was issued. On 29th February, 1992, Award was made. This land had been acquired by the
Appellant for development of the Taj Nagri Avas Yojna Phase II. Under the Award
the compensation has been fixed at the rate of Rs. 130/- per sq. yd. for the
land situated inside the municipal area and at the rate of Rs.97.50 per sq. yd.
for the land situated outside the municipal area.
Appellants are aggrieved by the fixing of compensation at the above mentioned
rates. As the land was acquired for their benefit they cannot, by virtue of
Section 50 of the Land Acquisition Act, demand a reference under Section 18.
The Appellants have thus challenged the Award.
Writ Petition came to be dismissed by the impugned Judgment dated 5th January, 2000.
also urged that the Special Land Acquisition Officer had played a fraud in
fixing the rate of compensation. The only basis for this submission was that
the Agreement, on which reliance was placed to fix the compensation, contained
two different prices at different places. We find no substance in this
submission. The Agreement is a registered document. The price relied on is the
price shown in the records. There is also, on the Agreement, the endorsement of
the Sub-Registrar showing what the correct price was. All this makes it clear
that the price relied upon is the correct price in the Agreement.
next urged that the Appellants were not given any opportunity to adduce
evidence in the proceedings before the Collector for fixation of the cost of
acquisition. It was fairly admitted that the Appellants were aware of the
proceedings. However, no notice had been issued to them and they had not been
given any opportunity to adduce evidence for purposes of determining the amount
this submission no adequate answer could be given by the Respondents. All that
was submitted was that the Appellants were aware of the proceedings and had
held meetings with the Government and the Collector. In our view this is not
sufficient. What is required by Section 50 of the Land Acquisition Act is that
the body for whom the property is being acquired is given an opportunity to
appear and adduce evidence for the purposes of determining the amount of
compensation. Nothing could be shown to us that this had been done. On this
point the matter requires to be sent back to the Special Land Acquisition
Officer for refixing compensation payable.
the Appeal is allowed. We remit the matter back to the Special Land Acquisition
Officer for re-fixing the compensation payable after giving a notice to the
Appellant to appear and adduce evidence before him. As the matter is being
remitted back, we clarify that if any other party is desirous of adducing
further evidence, they will also be entitled to do so. After considering the
material, which is placed before him, the Special Land Acquisition officer
shall fix the compensation and re-declare or amend his Award appropriately
within a period of six months from today.
we part with this Appeal it must be mentioned that by an interim order dated
9th May, 2000, stay to the operation of the Award, had been granted subject to
the Appellant's depositing compensation at the rate of Rs. 78/- per sq. yard
within the Municipal limits and Rs. 58/- per sq. yard outside the Municipal
limits. We were informed that this amount has been deposited. By an order dated
29th September, 2000 this Court permitted the competent authority to disburse
the amount deposited. We have been told that the amount has already been
disbursed. Mr. Sibal has very fairly stated that the competent authority need
not recall the amounts disbursed from the persons to whom they have been paid.
We clarify that, as the acquisition proceedings are not being set aside and the
Special Land Acquisition Officer is merely being directed to refix the
compensation, the amounts already disbursed pursuant to the orders of this
Court will not be recalled but will be finally adjusted in the compensation
which is ultimately found to be payable.
also clarify that if the acquisition has been challenged in any proceedings,
this order will not affect those proceedings. The concerned court will decide
those proceedings on their own merits.
Appeal stands disposed off accordingly. There shall be no order as to costs.