SHYAM LATA JAUHARI Vs. COLLECTOR ALLAHABAD

JUDGEMENT

(1.) THE petitioners herein are admittedly owners of plot No. 83 area 4-9-0 bighas in Mahewa Purab Patti, Uparhar in the district of Allahabad. A notification under Sec. 4 (1) of the Land Acquisition Act was issued on 8-12-1986 indicating the Govt, intention to acquire the said land for the purposes of dumping garbages and rubbish for the , purposes of respondent no. 4, the Nagar Mahapalika. Allahabad. This notification was followed by declaration under section 6 of the Act on 13th February, 1987 read with section 17 (4) and possession from the petitioner was taken in December, 1987. Its possession was handed over to respondent no. 4 by the Collector on 4th January, 1988.

(2.) THE estimated market value of the property was initially assessed at Rs. 2,49,4000 which was later on re-determined as Rs. 623,000/-. THE petitioner claimed that they were entitled to receive 80% of the estimated value of the compensation before delivery of possession over the land. Since no such payment had been made, the petitioner came up before this court in Civil Misc. Writ Petition No. 896 of 1959 seeking direction against the respondent. State of U. P., Collector, Allahabad and the Nagar Mahapalika, Allahabad to pay the aforesaid amount. Despite respondent no. 4 having put in appearance in that petition no counter affidavit was filed by the Nagar Mahapalika. THE petition was ultimately allowed on 25th April, 1989 after hearing the counsel for State of U. P. directing the respondents to make payment of 80% of the estimated value of the land within two months and in case the estimated market value had not already been determined, also to do so within the aforesaid period.

(3.) IN the rejoinder affidavit the petitioners have controverted the allegations made by the respondents and it is urged that the scheme cannot be withdrawn in view of section 48 (1) of the Land Acquisition Act since possession has already been delivered and that the award made by the Collector is not executable as a decree.