RAM PRASTHA ISPAT Vs. STATE OF U P

JUDGEMENT

(1.) Heard learned counsel for the petitioner Shri Ranjit Saxena, learned Standing Counsel appearing for respondent no.1to 3 and Shri Vivek Birla, learned counsel for the respondent no. 4. All the writ petitions are heard and decided together.

(2.) By means of these petitions, petitioner has prayed for quashing of the Notifications dated 30.12.1998 under section 4 of the Land Acquisition Act 1894 (hereinafter referred to as the 'Act') and dated 31.3.1999 under sections 6 of the Act. The other relief sought for is in the nature of mandamus directing the respondents to release the land in favour of the petitioner's company and to permit the petitioner to deposit the entire amount of compensation along with simple interest to the respondents.

(3.) Brief facts of the case are that the petitioner purchased the land in question vide sale deed dated 15.12.1986 annexed as Annexure - (S.A.- 1) to the supplementary affidavit-1 dated 11.12.2011 filed by the petitioner. The land has been acquired taking recourse of the provisions under sections 4 / 17 of the Act vide notification dated 30.12.1998. The declaration under section 6 of the Act was issued on 31.3.1999 in official Gazette. The total area of the land acquired under notifications in village Junedpur, Tehsil Sikandrabad District Bulandshahar was 9.721 hectare. The award was declared by the Special Land Acquisition Officer on 30.6.2003. The petitioner received compensation under the award dated 30.6.2003 and photocopy of the receipt of payment made to the petitioner in the year 2003 has been annexed as annexure-3 to the petition. Only ground on which petitioner is challenging the acquisition under the Act is that the land in question remains unutilized by the respondents and it has been stated that it is ready to repay the amount of compensation paid by the respondent under the award after adding interest on compensation. A further averment has been made that the petitioner has approached the State Government for the release of the land and representation dated 3.1.2011 addressed to the State Government has been filed by it along with the writ petitions.