RAM JIYAWAN Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) These petitions arise from proceedings to acquire land under the provisions of the Land Acquisition Act, 1894 (1 of 1894), for short Act. Common questions of law have been raised and, therefore, the petitions were heard together and are being disposed of by this common judgment. The facts stated in the judgment have been taken from Writ Petition No. 545 of 1991 in which short counter-affidavit has been filed on behalf of the Land Acquisition Officer.

(2.) The facts generally stated in these petitions are as follows:- Notification under Section 4 was issued and thereafter declaration under Section 6 was made. Section 17 was applied and possession of the notified land was taken by the Collector before publication of the award. At the time of taking possession there were trees and standing crops on the land and they were damaged but no compensation was paid for such damage at the time possession was taken and compensation for such damage was not included even in the final award. Notice was issued under Section 9(1) and the petitioners preferred claims for compensation. No date was fixed for hearing of the claims and the award was published in the absence of the petitioners. The petitioners were deprived of the opportunity of adducing evidence in support of their claim. Without giving them opportunity of hearing the award was made which is accordingly ex parte. The award has been made without obtaining the approval of the State Government as required by the first proviso to Section 11(1). The award was not made within the period of two years from the date of the publication of the declaration under Section 6(1) mentioned in Section 11-A and, therefore, the entire acquisition proceedings lapsed. In determining compensation provisions of the Act have been violated which render not only the award invalid but also nullify the entire acquisition proceedings.

(3.) In certain petitions notifications under Sections 4(1) and 6( 1) were issued on the same day which, it is claimed, violates Sec. 17(4) of the Act.