FARHAT ULLAH Vs. COLLECTOR ETAWAH

JUDGEMENT

(1.) PLOT no. 305 with an area of 17.56 acres situate in village Samrathpur, Tahsil Auraiya of Dtisrict Etawah was sirdari land of petitioner, Farhat Ullab. In the year 1964, possession was taken over it in exercise of powers under Section 14 of the U. P. Bhoomi Evam Jal Sanrakshan Adhiniyam, 1963 (for brief, the Adhiniyam). It was in connection with the Afforestation Project, Anepur, possession was taken only over 12 acres land of Farhat Ullah.

(2.) SECTION 16 of the Adhiniyam envisages that after taking possession, the Collector of the District will make an enquiry and determine the compensation payable for the period during which the land remains in temporary possession in pursuance of the provisions of SECTION 14 and also about the person entitled thereto. Procedure for determination of this amount is provided in SECTION 16 itself of which sub-section (8) provides that the compensation determined shall be paid in cash in yearly instalments to the persons found entitled thereto and such payment shall be final and in full discharge of the State Government and its officers from all liability to pay compensation for the period covered by the payment. SECTION 17 then provides for restoration of possession to the person who is entitled to it.

(3.) A perusal of this provision makes it clear that statutory obligation has been cast upon the Collector to make an enquiry and determine the amount of compensation payable to the person whose land is temporarily taken possession of under the provisions of the Act. Further, the Collector is required to issue a general notice in the prescribed form and manner requiring the persons concerned to file their claims in the prescribed manner for the purpose of determining the amount of compensation and the person to whom it is payable.