Thereafter on October 7, 1983, after companysidering the objections, a Notification under Section 6 was issued.
The aforesaid Notification was challenged by the claimants in Civil Misc.
Adverting to the Notification issued on July 11, 1983 inviting objections under Section 5 A of the Act the High Court observed that the Notification did number even whisper that it was a Notification under Section 4 of the Act.
Shri Reddy also companytended that the claimants were number entitled to be paid any companypensation for lands which they possessed in violation of Section 154 1 read with Section 167 1 and 2 of the U.P. Zamindari Abolition Act U.P. Act No.
1384 to 1515 of 1997 have been preferred by the UPSIDC.
Similarly Civil Appeal Nos.
The remaining appeals are by the land owners claimants.
The question as to whether the companypensation offered was accepted without protest is essentially a question of fact to be determined on the basis of the evidence on record.
1330 of 1997, 1332 to 1382 of 1997 have been preferred by UPSIDC and relate to village Habibpur.
We have perused the material on record and the finding recorded by the High Court in this regard.
The High Court has affirmed the finding of the Reference Court.
Similarly the lands which had the circle rate of Rs.6.25 per sq.
It cannot be disputed that the lands in question are valuable lands and have become even more valuable on account of the development that has taken place in the area.
Having regard to the location of these villages companypensation for lands acquired have been awarded on the same basis and at the same rates by the High Court.
The High Court found that the Collector made his Award on 27th June, 1985 and an application for making a reference was filed within time on 6th August, 1985.
By the aforesaid Notification an inquiry under Section 5 A of the Act was dispensed with.
It only recited the earlier history which led to the issuance of the Notification inviting objections.
yard and enhanced the companypensation in respect of other lands from Rs.6/ to Rs.9/ per sq.
The third numberification was issued on May 30, 1985 which related to 501.48 acres of land of village Gulsitapur.
The submission urged on behalf of the claimants before the High Court was that since the original Notifications under Sections 4 and 6 of the Act were quashed and a fresh Notification was issued on July 11, 1983 inviting objections under Section 5 A of the Act, the companypensation to be awarded must be determined by reckoning the Notification issued on July 11, 1983 as the Notification under Section 4 of the Act.
The land owners were number satisfied with the offer of the Special Land Acquisition Office, hence a reference was sought and made under Section 18 of the Act.
On a reading of the judgment and order of the High Court it was held that the first part of the Notification which was a Notification under Section 4 1 of the Act was number quashed.
The Notification dated August 25, 1981 is quashed.
No evidence was brought on record to establish that the companypensation was accepted by the claimants without protest.
The State preferred a special leave petition before this Court but during the pendency of the special leave petition issued a Notification on July 11, 1983 inviting objections from the claimants pursuant to the Notification earlier issued under Section 4 of the Act.
1384 1515 OF 1997 P. State Industrial Development Corporation .Appellant Versus Tikkam Singh and others .Respondents WITH CIVIL APPEAL NOS.
While the first part declared the need for acquisition of the lands in question for a public purpose, the second part dispensed with the inquiry under Sections 5 A of the Act.
yards for the other lands.
The decision to obviate the inquiry under that provisions was wholly without authority of law.
yard for the lands abutting the road and Rs.6/ for the lands away from the road.
This sale deed was executed on 25th July, 1981 whereas the Notification under Section 4 was issued on 25th August, 1981.
Thereafter a declaration under Section 6 was also issued.
In respect of Habibpur a Notification under Section 4 1 of the Land Acquisition Act hereinafter referred to as the Act was issued on 25th August, 1981 in respect of 225.75 acres of land.
yard, the companypensation offered was Rs.11,583.02 ps.
The High Court had quashed only that part of the Notification which dispensed with the inquiry under Section 5 A of the Act because there was numbermaterial on record to establish any urgency which companyld justify dispensing with the inquiry under Section 5 A of the Act.
The lands acquired under the provisions of the Land Acquisition Act measuring about 900 acres under three Notifications are located in two adjacent villages, namely Village Habibpur and village Gulsitapur.
1516 1535 OF 1997 Bikhu Ram Jain and others .Appellants Versus State of Uttar Pradesh and others .Respondents WITH CIVIL APPEAL NO.
1383 OF 1997 Rishabh Ispat Limited .Appellant Versus State of Uttar Pradesh .Respondent WITH CIVIL APPEAL NOS.
1331 OF 1997 Sharda Jain .Appellant Versus State of Uttar Pradesh and another .Respondents P. SINGH, J. This batch of appeals has been preferred against the companymon judgment and order of the High Court of Judicature at Allahabad dated April 2, 1996 whereby a large number of appeals preferred by the U.P. State Industrial Development Corporation UPSIDC as well as the claimants have been decided.
The respondents are directed to permit the petitioners to file objections and enquire into them under Section 5A before making a fresh declaration, if any, under Section 6 of the Act in regard to their land.
After companysidering the objections a Notification under Section 6 of the Act was issued on October 7, 1983.
The possession of the lands in question was taken on 25th September, 1981.
The High Court was, therefore, justified in holding that there was numbermaterial to substantiate the companytention that the companypensation had been accepted without protest by the claimants.
On the other hand the fact that the claimants promptly filed their objections and sought reference under Section 18 of the Act established that the claimants had number accepted the companypensation without protest, but their acceptance was subject to the order that the Reference Court or any other superior companyrt may pass.
1332 1382 OF 1997 P. State Industrial Development Corporation .Appellant Versus Pitalu and others .Respondents WITH CIVIL APPEAL NO.
The High Court negatived the companytention and held that the Notification under Section 4 of the Act issued on August 25, 1981 was in two parts.
The recital to that effect in the Notification under Section 4 is invalid too.
The Reference Court found this exemplar to be a reliable piece of evidence and accordingly determined companypensation Rs.11/ per sq.
WITH CIVIL APPEAL NOS.
The Special Land Acquisition Officer offered companypensation to the land owners on the basis of circle rates of the lands in question and accordingly for the lands of which the circle rate was Rs.3.05 ps.
We shall number companysider the submissions urged by the claimants in the appeals preferred by them relating to acquisition of lands in village Habibpur.
Pursuant to the Notification issued under Section 4 of the Land Acquisition Act on 25th August, 1981 the lands in village Habibpur were sought to be acquired for a public purpose.
1 of 1951 since such lands vested in the State Government and claimants had numberright to claim companypensation for such lands.
This exemplar was rejected by the Reference Court observing that there was only one such sale deed which disclosed such high value for the lands of village Habibpur.
The reference companyrt enhanced the companypensation offered by the Special Land Acquisition Officer and it allowed companypensation Rs.11/ per sq.
The lands are in the vicinity of the city of Delhi and within 8 9 kilometers of Noida on Dadri Noida Delhi main road.
per bigha.
The High Court on appeal by its impugned judgment and order has maintained the companypensation awarded in respect of the lands abutting the road Rs.11/ per sq.
the companypensation was fixed Rs.6,486.49 ps.
Civil Appeals Nos.
yard for the lands abutting the road and a companypensation of Rs.6/ per sq.
The Reference Court relied upon a sale deed executed on 25th July, 1981 which related to the sale of 2 bighas of land of village Habibpur Rs.21,600/ per bigha.
The claimants examined themselves on oath, and it was number even suggested to them that they had accepted the companypensation without protest.
Another Notification under Section 4 was issued on 14th September, 1981 which related to 173.5 acres of land in village Gulsitapur.
Writ Petition No.11872 of 1981 which was decided on May 23, 1983.
It is number in dispute that villages Habibpur and Gulsitapur are adjacent villages.
While deciding the writ petition, the High Court held The result of the discussion is that the numberification issued under Section 6 of the Act without affording opportunity to the petitioners to file objections and without an inquiry under Section 5A is invalid.
