SHAH MOHAMD Vs. UNION OF INDIA

JUDGEMENT

(1.) These two writ petition filed substantially for same reliefs, have been heard together and are being decided by this common judgment.

(2.) In Writ Petition No.9989 of 2014, counter and rejoinder affidavits have been exchanged which writ petition is treated as leading writ petition. It is sufficient to refer to the pleadings in Writ Petition No.9989 of 2014 for deciding both the writ petitions.

(3.) Brief facts of the case which emerge from pleadings in Writ Petition No.9989 of 2014 are; the petitioners, 23 in number, who have filed this writ petition are resident of different villages, namely, Jarar and Lotarh of Paragana Khairagarh, District Allahabad. Petitioners' agricultural land are situate in villages Jarar, Lotarh and Bhiska, Tahsil Meja, district Allahabad. A notification dated 15th November, 2011 under Section 4(1) of the Land Acquisition Act, 1894 (hereinafter referred to as the 1984 Act) was issued proposing to acquire agricultural land of different villages of Tahsil Meja, District Allahabad for purposes of laying railway line for the purpose of establishment of a power station under the project of Meja Urja Nigam. The notification under Section 4(1) was published in daily news papers on 23rd November, 2011 itself. The objections were invited under Section 5A of the 1984 Act which were filed by the petitioners. A report was submitted by the Collector and the State Government after submission of the report has issued declaration under Section 6 of the 1894 Act dated 22nd November, 2012 which was also published in two daily newspapers on 8th December, 2012. The notice under Section 9(1) of the 1894 Act was issued on 4th January, 2013 fixing 10th January, 2013 and 19th January, 2013 for hearing. The objection were also filed in reply to the notice on 19th January, 2013 and thereafter on 5th February, 2013. The District Magistrate, Allahabad convened a meeting on 2nd May, 2013 to determine the amount of compensation to be paid for acquisition in different villages in accordance with the Government order dated 29th September, 2001 for the purpose of payment under Section 11(2) of the Land Acquisition Act, 1894. The Committee determined the amount of compensation per bigha to be paid in respect of land of different villages. Large number of tenure holders whose land was acquired signed the agreement under the provisions of the Uttar Pradesh Land Acquisition (Determination of Compensation and Declaration of Award by Agreement) Rules, 1997 (hereinafter referred to as the 1997 Rules). However, the petitioners neither entered into the agreement nor received compensation. The petitioners filed this writ petition on 13th February, 2014. In the writ petition following reliefs have been prayed for:-