RANVEER SINGH Vs. STATE OF U.P.

JUDGEMENT

(1.) We have heard learned counsel for the petitioner, Shri Suresh Singh, learned Additional Chief Standing Counsel appearing for the State and Shri R.P. Singh for the respondent no.4.

(2.) Counter and rejoinder affidavit have been exchanged between the parties, and with the consent of the parties, the writ petition is being finally decided.

(3.) Brief facts which emerge from the pleadings of the parties are: Petitioner's land being Plot Nos.203 area 30 bigha 12 Biswa and 209 area 1 Biswa situate in Village Parthala, Khanjarpur District Gautam Budh Nagar was acquired by issuing notification under Section 4 read with Section 17 dated 01/6/2000 and declaration under Section 6 dated 30/12/2000 of the Land Acquisition Act, 1894 (hereinafter called the "Act, 1894"). The possession of the land was taken by the State on 15/2/2001. After taking possession of the land, proceedings for payment of compensation to the tenure holders on the basis of agreement started. The DGC (Civil), sent an opinion on 06/2/2001, to the Additional District Magistrate Land Acquisition, Noida, Gautam Budh Nagar informing that the petitioner has land excess to the ceiling limit, hence the compensation of the excess land is to be deposited in the State account. He also prayed that a reference under Section 30 of the Act, 1894 be made. The Additional District Magistrate, (Land Acquisition) on 22/3/2001, wrote to the Sub Divisional Magistrate referring to the objections of the D.G.C. Civil enquiring as to whether any proceedings under the U.P. Imposition of Ceiling Act, 1960 is pending in the Court. A report dated 23/6/2001 was submitted by the Naib Tehsildar that ceiling proceedings were initiated against Dharamvir son of Lajja Ram, but the notice was cancelled. The Naib Tehsildar wrote to the D.G.C. Civil on 03/12/2001, asking for his opinion. The Additional District Magistrate (Land Acquisition) on 20/11/2002, wrote to the DGC (Civil) as to whether still ceiling proceedings can be initiated or not. Ultimately, on 07/2/2003 Incharge Ceiling wrote to the Additional District Magistrate that (Ranvir Singh) has five sons, hence no land is excess in ceiling. After the aforesaid report was received, an agreement was entered with the petitioner and the Additional District Magistrate, (Land Acquisition Gautam Budh Nagar) for payment of compensation as per the Uttar Pradesh Land Acquisition (Determination of Compensation and Declaration of Award by Agreement) Rules, 1997 (hereinafter called the "Rules, 1997"). On 27/2/2003, a compensation of Rs. 1,37,58,350/- was prepared and paid to the petitioner. The petitioner before the said payment has filed Writ Petition No.38951/2002 in this Court claiming payment of compensation. An amendment was also prayed in the writ petition praying for payment of interest from 15/2/2001 to 26/2/2003. The said writ petition was disposed of by this Court vide order dated 12/4/2005, permitting the petitioner to file a representation before the District Magistrate, Gautam Budh Nagar who was directed to decide the representation by a speaking order. The petitioner consequently filed a representation claiming payment of interest which was considered by the District Magistrate and rejected vide order dated 06/8/2005. The District Magistrate, took the view that the petitioner having entered into an agreement for receiving the amount at the rate of Rs. 329.76/- per square yard in pursuance of which agreement he received the entire amount of Rs. 1,37,58,349 without any objection, he is not entitled to claim any interest in addition to the aforesaid amount. The award under Section 11 of the Act, 1894 was also declared on 14/7/2008. The petitioner has filed this writ petition praying for following reliefs: