MAHESH DUTTAS Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) In the above writ petitions of fact and law involved are similar and they can be decided by a common order against which learned counsel for the parties have no objection. Writ Petition No. 6826 of 1995 shall be the leading case.

(2.) Facts, in short, which may be necessary to appreciate the controversy between the parties are that State of Uttar Pradesh initiated proceedings for acquiring land measuring 105 Blgha 2 Biswa and 16 Biswansi (65.7125 acres) by issuing a Notification No. 4240-P-III-84/2326-Land-80, dated 6.9.1984, under Section 4 of the Land Acquisition Act, 1894 (hereinafter referred to as the Act). The aforesaid notification was published in U. P. Gazette dated 8.9.1984, For correction of certain mistakes in the notification, a notification was further published on 10.1.1985. The public purpose for acquiring the land was for establishing a Thermal Power Project by the National Thermal Power Corporation Limited, respondent No. 2. A declaration under Section 6 of the Act was made by Notification dated 26.9.1984. In respect of this declaration also, corrigendum was published on 10.9.1985. The State Government also involved Section 17 of the Act for taking possession of the land in question and dispensing with the inquiry under Section 5A of the Act. Notice under Section 9 of the Act was issued on 27.10.1984 and possession of the land was taken on 16.11.1984. Special Land Acquisition Officer gave his award on 24.9.1986. Dissatisfied with the compensation awarded landholders preferred references under Section 18 of the Act. The references were decided by judgment and award dated 20.11.1993. In reference, Additional District Judge enhanced the compensation considerably, aggrieved by which appeals have been filed against the judgment and award in this Court, which are pending and have been heard along with these writ petitions. While the appeals were pending in this Court. State Government decided to withdraw it self from acquisition of 88 Blgha-15 Biswa-19 Biswansi land (55.498 acres) and consequently published a Notification dated 11.11.1994, under Section 48 (1) of the Act. a copy of which has been filed as Annexure-9 in the leading writ petition. For convenience, the text of the Notification is being reproduced below :

(3.) Aggrieved by the aforesaid action of the State Government withdrawing itself from the acquisition. three landholders filed Writ Petition No. 39622 of 1994 and 40 landholders filed Writ Petition No. 6826 of 1995.