- (1.) HEARD learned counsel for the parties.
(2.) THE petitioner has filed this writ petition seeking a writ, order, or direction in the nature of mandamus directing the respondents to pay interest from the year 1997 to January, 2007 for the delayed payment of compensation in respect of her land Khasra No. 554/3 measuring area 5 big has i.e. 15125 square yard (hereinafter referred to as the land in question), situated in village Gejha Tilpatabad, Tehsil Dadri, District Gautam Budh Nagar. According to the petitioner, her aforesaid land was acquired and an award of Rs. 36,90,500/- (Rupees thirty six lakh ninety thousand five hundred) was made. THE compensation through cheque of the aforesaid amount was paid to her on 6.1.2007. For getting the award, the petitioner had to run from pillar to post up to Hon'ble Supreme Court. THE petitioner was allotted patta of the land in question in the year 1981 as war widow and she was admitted as Bhumidhar with non transferable rights thereof. A notification dated 11.3.1995 under Section 4 of the Land Acquisition Act, 1894 (hereinafter referred to as the Act) was issued and subsequently, the notification under Section 6 of the Act was also published on 21.9.1995. Thus, the land in question of the petitioner was acquired by the State Government by invoking the provisions of Section 17 of the Act and an inquiry under Section 5-A of the Act was dispensed with. THE possession of the petitioner's land was taken by the State in the year 1997 and the name of NOIDA was mutated in the revenue records. Beside the petitioner's land, other adjoining land was also acquired. A common award regarding the land acquired in village Gejha Tilpatabad, Tehsil Dadri, District Gautam Budh Nagar was made on 11.1.2000 and compensation at the rate of Rs. 244/- per square yard was determined. Though the land of the petitioner was acquired by the State but the compensation was not paid to her only because Khasra number of the land of the petitioner was not mentioned in the award dated 11.1.2000. One M/s N.S.R. Farms Pvt. Ltd. New Delhi being transferee of the petitioner, claimed the compensation for the land of the petitioner. The Additional District Magistrate (Land Acquisition), considering the dispute regarding the payment of compensation with regard to the land in question made a reference under Section 30 of the Act to the District Judge, Gautam Budh Nagar, for determining the person as to who is entitled for compensation. The District Judge, Gautam Budh Nagar vide order dated 24.1.2001 held that neither the petitioner nor the said N.S.R. Farms Pvt. Ltd. is entitled to receive compensation because the land in question would be deemed to be resumed by the State. The petitioner challenged the order of the District Judge before this Court by way of filing First Appeal No. 384 of 2001. This Court vide an interim order dated 8.5.2001 directed that the amount of compensation shall remain in deposit under some interest bearing scheme and shall not be paid to any party until further orders of this Court. The First Appeal was finally allowed by this Court vide judgment and order dated 12.9.2005 declaring the petitioner to be entitled to get the compensation fixed under Section 11 of the Act in respect of the land in question. The State challenged the order passed in the First Appeal before the Hon'ble Supreme Court by way of filing S.L.P. No. CC 2064 of 2006, State of U.P. v. Smt. Sureshwati and others. The S.L.P. was dismissed by Hon'ble Supreme Court vide judgment and order dated 11.5.2006. The petitioner thereafter filed an application dated 23.9.2005 before the respondent No. 3/Additional District Magistrate (Land Acquisition) for payment of the compensation alongwith interest at the rate of 15% per annum for her land acquired by the State. Even after obtaining the order regarding the payment of compensation in her favour from the Hon'ble Supreme Court, she was not paid compensation. She had approached this Court by way of filing Civil Misc. Writ Petition No. 38554 of 2006 seeking a direction to the respondents to pay the compensation. This Court after hearing the parties, directed the respondent No. 3 to pay compensation to the petitioner in accordance with law within six weeks from the date of filing of the representation by the petitioner, vide judgment and order dated 28.8.2006. The petitioner in compliance thereof moved a representation dated 13.9.2006 alongwith relevant documents before the respondent No. 3. Since the compensation even then was not paid to her, she had to file Civil Misc. Contempt Petition No. 4851 of 2006 before this Court for non-compliance of the judgment and order dated 28.8.2006 passed by this Court.
(3.) IT was by the intervention of this Court, the respondent No. 3 after getting formalities namely thumb impression of the petitioner on the documents necessary for disbursement of the compensation completed, made payment of Rs. 36,90,500/- (Rupees thirty six lakh ninety thousand five hundred) through cheque to the petitioner filing an affidavit for compliance before this Court. Thus, in the above contempt petition, compliance affidavit alongwith payment voucher of the said amount and the agreement alleged to be executed between the State and the petitioner were filed. The petitioner subsequently came to know about the alleged agreement dated 6.1.2007 that it was executed in total defiance of the Land Acquisition (Determination of Compensation and Declaration of Award by Agreement) Rules, 1997. During hearing of the contempt petition in this Court, the petitioner demanded interest over the delayed payment. The Court in contempt petition vide judgment and order dated 8.12.2009 observed as follows : "Undisputed position is that in compliance of the order dated 28.8.2006, on 6.1.2007 petitioner has entered into agreement and award has been passed under Section 11(2) of Land Acquisition Act. As per term and condition of the aforesaid agreement, a specific clause is there that the owner/ owners and interested party/parties shall not claim any amount in addition to the amount agreed upon as aforesaid as compensation and accept it without any protest. Once the petitioner has exercised her option and accepted the amount then question is, can any extra amount be paid to her by way of interest under Section 34 of Land Acquisition Act, in addition to the amount which has been agreed upon. These are substantive rights which are to be determined and adjudicated by competent Court and appropriate forum and not in Contempt proceedings. Consequently, in the facts of the case contempt application is dismissed. Notices issued are discharged. However, dismissal of contempt application will not prevent the petitioner-applicant, in case petitioner-applicant is entitled in law to claim interest also in term of Section 34 of Land Acquisition Act, keeping in view of provision as contained under Section 11(2) of Land Acquisition Act, alongwith the provisions of U.P. Land Acquisition (Determination of Compensation and Declaration of Award by Agreement) Rules 1997. No order as to cost." Sri Nalin Kumar Awasthi, the then Additional District Magistrate (Land Acquisition), Gautam Budh Nagar, through his counter-affidavit dated 3.5.2010, on behalf of the respondents has submitted that the petitioner's land namely Plot No. 554/3 measuring 5 Bighas was acquired. The payment of the compensation of the acquired land was made in terms of the U.P. Land Acquisition (Determination of Compensation and Declaration of Award by Agreement) Rules 1997 (hereinafter referred to as the Rules). Since title of the land of the petitioner was disputed at the time of payment of the compensation, the reference under Section 30 of the Act was sent to the District Judge, Gautam Budh Nagar. The petitioner was paid compensation amount in compliance of the order passed by this Court in Civil Misc. Writ Petition No. 38554 of 2006, dated 28.8.2006. ;