RAHMAN SIDDIQUI Vs. STATE OF U P

JUDGEMENT

(1.) THIS petition under Article 226 of the Constitution has been filed praying that the order dated 1.2.2001 of Collector, Allahabad and the award dated 5.2.2001 of Special Land Acquisition Officer be quashed. A further prayer has been made that a writ of mandamus be issued commanding the Special Land Acquisition Officer to pay compensation on the basis of award dated 11.10.2000.

(2.) SOME land situate in Villages Shaha alias Peepal Gawn, Jhalwa. Harwara, Deoghat, Pargana Chail, District Allahabad was acquired for a public purpose namely for establishment of residential colony under a planned development scheme by the Allahabad Development Authority (hereinafter referred to as the Authority). The notification under Section 4(1) of the Land Acquisition Act, 1894 (hereinafter referred to as the Act) was published in U.P. Gazette on 23.2.1991 and the notification under Section 6 of the Act was published in the Gazette on 31.12.1991. It was recited in both the notifications that the Government was satisfied that the case was one of urgency and accordingly a direction was issued under Section 17(1) of the Act to the Collector, Allahabad to take possession of the land mentioned in the schedule appended to the notifications though no award under. Section 1 I had been made. In view of the fact that Section 17 of the Act was made applicable, the landholders were paid 80% of the estimated amount of compensation before taking possession as provided in sub -section (3 -A) of Section 17 of the Act. It appears that the award was not made promptly and accordingly a direction was issued on 1.5.2000 in Writ Petition No. 17406 of 1994 to make an award within three months. Thereafter, the Special Land Acquisition Officer made an award on 11.10.2000. The Allahabad Development Authority was thereafter asked to make payment of compensation to the landholders. Thereafter the Secretary of the Allahabad Development Authority moved an application before the Collector. Allahabad on 10.1.2001 for setting aside and cancelling the award dated 11.10.2000 as the same had been made without issuing any notice and without giving any opportunity of hearing to the Development Authority. The Collector, Allahabad by his order dated 1.2.2001 set aside the award dated 11.10.2000 on the ground that before making the award the Special Land Acquisition Officer had not given any notice to Allahabad Development Authority and had not afforded any opportunity of hearing to it. Subsequent thereto, the Special Land Acquisition Officer made a fresh award after hearing the parties on 5.2.2001.

(3.) IN the counter -affidavit filed on behalf of Allahabad Development Authority †'' (sworn by Sri P.K. Pandey on 13.3.2001), it is specifically averred in Paras 10 and 11 that the award dated 11.10.2000 was made ex -parte against the Allahabad Development Authority and it was on this ground that an application was moved before the Collector, Allahabad on 10.1.2001 for setting aside the ex -parte award dated 11.10.2000 made by the Special Land Acquisition. No material has been placed on record to show that before making the award, any notice was ever issued to the Allahabad Development Authority or any opportunity of hearing was given to it. From the averments made in the affidavits filed by the parties, we are satisfied that the award dated 11.10.2000 was made without giving any opportunity of hearing to the Allahabad Development Authority.