RAMJI DAS Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) The challenge in this writ petition is to the award dated 5/08/1994 made under Section 11 of the Land Acquisition Act (hereinafter referred to as the Act).

(2.) Notification under Section 4(1) and Section 6 with respect to certain land belonging to the petitioners were published in the Gazette on 29/11/1975. Aggrieved by the aforesaid notifications the petitioners filed Writ Petition No.590 of 1976 in the High Court in which their dispossession was stayed on 6/01/1976 but the petition was ultimately dismissed on 12/10/1977. Thereafter, Civil Appeal No.2857 of 1977 was filed in the Supreme Court in which stay order was passed on 5/12/1977. The appeal was however dismissed on 6/08/1992 and consequently the stay order was vacated. After dismissal of the appeal, notice under Section 9 of the Act was issued to the petitioners and an award was made on 5/08/1994 determining the amount of compensation payable to the land holders. The present petition has been filed for quashing of this award.

(3.) The main ground of attack to the award is that the same has been given by an Additional Collector (Finance and Revenue) and not by a Collector as required by Section 11 of the Act. The word "Collector" has been defined as follows in Section 3 (c) of the Act.