SURAJ BALI SHARMA Vs. STATE OF U P

JUDGEMENT

(1.) This writ petition has been filed by the petitioner through his attorney Sri Hari Narain Dubey, praying inter alia to command the opposite parties to declare the award under Section 11 of the Land Acquisition Act, 1894, at the present rate prevailing in the area in question and has further prayed for 12% additional compensation under Section 21 (1) (a) of the Land Acquisition Act, 1894, from 31.3.1982, i.e., the date when the possession of the land in question was taken over by the opposite parties. The petitioner has also sought a direction that the opposite parties be directed to pay entire amount of damages, compensation including the statutory interest and other admissible amount. In the event award is not declared, the land in question may be restituted in favour of the petitioner.

(2.) According to the petitioner, the land of the petitioner was illegally acquired by the State Government and the notification published under Section 4 of the Land Acquisition Act (hereinafter referred to as the 'Act') on 4.3.1982 and under Section 6 on 6.3.1982 of the Act are not in consonance with the statutory provisions of law and the possession of the land which was taken on 31.3.1992, is contrary to the Land Acquisition Act apart from being against the principles of natural justice.

(3.) It is contended by the learned counsel for the petitioner that on 28.2.1983 the opposite party No. 3 declared the award in respect of the land legally acquired for the establishment of Sanjay Gandhi Post Graduate Institute of Medical Sciences but till date no award has been declared in respect of the land in question. The petitioner has already made a representation to the Director, Sanjay Gandhi Post Graduate Institute of Medical Sciences and another representation was made to the Minister, Medical Education on 2.1.1999.