D RAVISANKAR AND ORS Vs. SECRETARY TO GOVERNMENT, MUNICIPAL ADMINISTRATION AND WATER SUPPLY (MAV) DEPARTMENT AND ORS

JUDGEMENT

(1.) The Writ Appeal is directed against the order of the learned Single Judge dated 09.08.2011 in W.P.(MD)No.5881 of 2007, by which, the learned Single Judge has dismissed the Writ petition filed by the appellants, challenging the declaration issued under Section 6 of the Land Acquisition Act (hereinafter called as the "Act") dated 20.04.2005 and also the award, subsequently passed.

(2.) Law is well settled that after the award is passed, it is not open to the parties to challenge the acquisition proceedings. Knowing the same, the learned counsel for the appellants has in fact restricted his argument only in respect of the validity of the award.

(3.) According to the learned counsel for the appellants, the declaration issued under Section 6 of the Act, a copy of which was obtained by him under Right to Information Act, 2005, in the form of G.O.Ms.No.50 Municipal Administration and Water Supply (MA.V) Department dated 20.04.2005 shows that the value of the lands acquired was Rs.59,24,194/-. However, when the impugned award was passed on 22.03.2007, the value has been fixed as Rs.17,68,460/-. Therefore, according to the learned counsel for the appellants, the reduction of the value was done deliberately for the purpose of making the award valid, since as per the circular issued by the Government, in cases where the value of the award is more than Rs.50 lakhs, the approval of the government is required. The value fixed under 6 declaration as Rs.59,24,194/- has been deliberately reduced to Rs.17,68,460/- which is only to rectify the difficulties of the circular. Therefore, according to the learned counsel, when once the value is above Rs.50 lakhs, which requires approval by the Government, which has not been obtained, the award has to be set aside. If the award is to be set aside, the acquisition proceedings also should automatically go. We do not subscribe to the view of the learned counsel for the appellants.