KAINASH RAM KOCHAR Vs. STATE OF U P

JUDGEMENT

(1.) Heard Sri Uma Nath Pandey, learned Counsel for the petitioner and Sri Ramendra Pratap Singh learned Counsel for the respondent No. 3 as well as learned Standing Counsel for the respondents No. 1 and 2.

(2.) By this writ petition the petitioner has prayed for quashing the order dated 11.5.2011, passed by the Additional District Magistrate (Land Acquisition), Gautam Buddha Nagar rejecting the application submitted by the petitioner for making a reference under Section 18 of the Land Acquisition Act for enhancement of compensation. A mandamus has also been sought directing the respondent authorities to send the reference before the District Judge, Gautam Buddha Nagar.

(3.) Brief facts of the case as emerged from the writ petition are; the petitioner's Khata No. 11 Gata 5M area 0.2020 hectare situate in village Khanpur, Pargana Dankaur, Tahsil Sadar was acquired under the provisions of the Land Acquisition Act. The compensation for the land was determined in accordance with the provisions of the U.P. Land Acquisition Act (Determination of compensation and Declaration of Award by Agreement) Rules, 1997 and was paid to the petitioner by voucher No. 89730 dated 18.11.2008 to the extent of Rs. 1492780/- which was received by the petitioner. After more than two years from receiving the compensation, the petitioner moved an application before the Additional District Magistrate (Land Acquisition) on 16.3.2011 for making a reference under Section 18 of the Land Acquisition Act claiming compensation at the rate of Rs. 50,000/- per square meter alongwith interest and solatium thereon. The said application has been rejected by the Additional District Magistrate (Land Acquisition) by the impugned order dated 11.5.2011 on the ground that the petitioner having received the compensation under an agreement according to 1997 Rules, his application for making reference is not maintainable. It has also been held by the Additional District Magistrate that in the agreement entered by the petitioner, there is specific clause that the petitioner shall not make a claim for any other amount except the amount agreed upon. The Petitioner's case in the writ petition is that the award of acquired land has been made in accordance with 1997 Rules but up till now no notice under Section 12 of the Land Acquisition Act has been received by the petitioner. It is further alleged that the compensation prepared was accepted under protest as the petitioner was not satisfied with the rate. It is further stated that the petitioner came to know about the rate of surrounding area hence he made request for payment of compensation at the rate of Rs. 50,000/- per square meter. It is further pleaded that under Section 18 of the Act, any tenure holder can make the reference within six weeks from the date of receiving the notice under Section 12.