BABOO KHAN Vs. STATE OF UP

JUDGEMENT

(1.) The present writ petition has been filed for grant of writ of certiorari for quashing the order dated 28.3.2008, passed by respondent No. 1 and also for quashing the possession letter dated 10.2.1986 and also for a writ of mandamus directing the respondents to accept the amount of compensation awarded to be returned by the petitioner.

(2.) Briefly stating contentions of the petitioner is that in respect of disputed land proceedings were instituted against the petitioner seeking for declaration of land measuring an area of 5652.6478 sq. metres as surplus land with the petitioner. As the same was declared surplus by the respondents vide order dated 26.10.1983 and the State assumed ownership over the said land on 8.2.1986. These proceedings were enunciated ex-parte under the Ceiling Act against the petitioner. Hence, the petitioner filed an appeal under Section 33(1) of the Urban Land (Ceiling and Regulation) Act, 1976 which was numbered as Misc. Appeal No. 286 of 1993. The appellate authority stayed the dispossession of the petitioner and after deciding on merit allowed in favour of the petitioner. The matter was remanded back for reconsideration afresh by the competent authority vide order dated 16.11.1995. Against the aforesaid order the State preferred a writ petition on 27.5.1997. The writ petition was dismissed. Against that dismissal order the special leave petition was filed on 17.12.1988 which again was dismissed by the Apex Court.

(3.) Respondent No. 1 in between issued a notification under Section 4 of the Land Acquisition Act wherein the entire land belonging to the petitioner including the land which formed part of the ceiling proceeding as aforesaid was a subject-matter of that notification. On 8.2.1990, notification under Section 6 of the Land Acquisition Act was also issued. The declaration under Sections 4 and 6 was challenged before the High Court in Writ Petition No. 5462 of 1990 which writ petition was allowed on 20.8.1983 and the declaration under Section 6 was quashed. Under Section 6 of the Land Acquisition Act the land of the petitioner was shown to be included in the said declaration. Consequently, award was made on 29.2.1982 and on 7.2.2001 which was challenged before Hon'ble High Court and was dismissed by a Division Bench vide order dated 5.1.2000. The special leave petition was filed before the Hon'ble Supreme Court by the Agra Development Authority and the award was amended as per order and the amended award was published as per order of the Hon'ble Supreme Court. The petitioner's land which was subject-matter of the proceeding under the Ceiling Act was never transferred to the State Government nor any possession with regard to the same was taken by the State Government. It is apparent from the possession certificate dated 30.3.1991. This possession was acknowledged by respondent No. 3 who directed the petitioner that since the compensation has been paid to the petitioner by mistake for the entire land, the same may be refunded by the petitioner alongwith interest for the land measuring 1 bigha and 5 biswas which does not form part of the acquisition proceedings.