THAKUR PRASAD Vs. STATE OF U. P.

JUDGEMENT

(1.) Heard Sri A. K. Sachan, Sri Saurabh Sachan and Sri Ashish Kumar Singh, learned counsels for the petitioners and Sri Ajeet Kumar Singh, learned Additional Advocate General, assisted by Sri Ishan Mehta, learned Additional Chief Standing Counsel for the State and Sri Ashish Mohan Srivastava, Sri Ravi Prakash Pandey and Sri Sudhanshu Srivastava, learned counsels for the Varanasi Development Authority, Varanasi.

(2.) These two writ petitions are directed against the same acquisition proceedings and have been heard together. They are thus being disposed of by this common judgment. Writ Petition No.61219 of 2011 (Thakur Prasad and others vs. State of U.P. and others) is taken as the lead case.

(3.) For the planned development of Transport Nagar at District Varanasi by the Varanasi Development Authority (hereinafter referred to as 'authority') a notification came to be issued on 18/12/2000 under Sec. 4(1)/17(4) of the Land Acquisition Act, 1894 (hereinafter referred to as 'Act of 1984'). Enquiry contemplated under Sec. 5A of the Act of 1984 was dispensed with by invoking Sec. 17. A declaration followed under Sec. 6/17(1) whereby 86.299 hectares land was acquired in four villages, namely, Karnadandi, Milki Chak, Sarai Mohan and Bairwan in Pargana Kaswar Sarkari/Raja, Tehsil and District Varanasi. Notice under Sec. 9 of the Act of 1984 was issued to the tenure-holders on 25/6/2001, inviting objections. Possession of the acquired land was allegedly taken by the Special Land Acquisition Officer, Varanasi and transferred to the authority on 17/4/2003. Steps were taken for declaring award in respect of the land acquired in accordance with U.P. Land Acquisition (determination of compensation and declaration of award by agreement) Rules, 1997 (hereinafter referred to as 'Rules of 1997'). A meeting was held on 27/4/2011 under the Chairmanship of District Magistrate, Varanasi, wherein tenureholders also participated. In such meeting it was resolved that compensation of acquired land be fixed at Rs.1.50 lac per biswa for parcel of land extending upto 30 meters from road and for the remaining acquired land, beyond 30 meters, at the rate of Rs.1.00 lac per biswa. The rate of land worked out to Rs.1186.00 per sq. meter in the parcel of land upto 30 meters of road and Rs.790.00 per sq. meter for the land situated after it. In accordance with the rates determined in the meeting of 27/4/2011 agreements were executed by the tenure-holders for the declaration of award under Sec. 11(2) of the Act of 1894. As per respondents a sum of Rs.31,24,07,238.00 has been paid to the land owners for an area of 38.7213 hectares. Agreements were also entered into in respect of additional area of 6.5276 hectares land belonging to 201 land owners and the compensation of Rs.5,46,38648.00 has been deposited in the treasury as the land owners allegedly have not accepted the compensation. It is also asserted that 39 land owners have been paid amount of Rs.2,56,30,363.00 for an area measuring 3.1355 hectares, though award in respect of such land has not been made so far. Cumulatively, for area of 48.3844 hectares land an amount of Rs.39,26,76,250.00 has been paid or deposited. In respect of village Karnadadi an award consequently has been made on 27/9/2012 in respect of 20.919 hectares land. For village Birwan an award is made on 20/9/2012 for an area measuring 23.469 hectares and in respect of village Milki Chak an award is made on 21/8/2012 for 0.317 hectares land whereas for village Sarai Mohan award is made in respect of 0.544 hectares land on 21/8/2012. Award accordingly has been made under Sec. 11(2) of the Act 1894 in respect of 45.249 hectares land out of total area acquired of 86.219 hectares. No award has yet been made in respect of remaining acquired land admeasuring 37.572 hectares land.