JAI PRAKASH KASANA Vs. STATE OF U P
LAWS(ALL)-2002-2-94
HIGH COURT OF ALLAHABAD
Decided on February 27,2002

JAI PRAKASH KASANA Appellant
VERSUS
STATE OF UTTAR PRADESH Respondents

JUDGEMENT

G.P. Mathur, J. - (1.) Following two prayers have been made in the writ petition : "1. Issue a writ, order or direction in the nature of mandamus commanding the respondents to correctly assess the compensation and to pay the same with interest from the date possession was taken of the land in question from the petitioners i.e., 10.6.1997.
(2.) Issue a writ, order or direction in the nature of mandamus declaring the land acquisition proceedings with regard to land in question as has been lapsed under Section 11A of the Act and return the land to the petitioners." 2. The State Government issued notifications under Sections 4 (1) and 6 (I) of the Land Acquisition Act (hereinafter referred to as the Act) for acquiring some land in village Gullstanpur, Tehsil and District Gautam Budh Nagar. The notification under Section 4 (1) was published in the Gazette on 29.3.1997 and notification under Section 6 (1) was published on 28.4.1997. It was mentioned in the notification that the provisions of Sub-section (1) of Section 17 of the Act were applicable and, consequently, the Governor of Uttar Pradesh had issued directions under Sub-section (4) of Section 17 that the provisions of Section 5A of the Act would not apply. It is averred In para 6 of the writ petition that possession of the land acquired has been taken over by the respondents on 10.6.1997. In para 5, it is averred that notice under Section 9 of the Act was issued on 12.5.1997 directing the petitioners to submit their claim for compensation. Annexure-10 to the writ petition is a copy of the award, which has been made by the Special Land Acquisition Officer. This shows that the compensation has been paid to the tenure-holders on the basis of a compromise which had been entered into between the tenure-holders and the respondents.
(3.) Learned counsel for the petitioners has submitted that the compensation amount has not been correctly determined and the petitioners are entitled to some higher amount of compensation. He has further submitted that Interest has not been awarded to the petitioners with effect from the date of their dispossession. In our opinion, the grievance made by the petitioners cannot be adjudicated in a writ petition under Article 226 of the Constitution of India. The Land Acquisition Act is a complete Code which provides a remedy to a person interested to claim compensation. If the petitioners were dissatisfied with the award, they should have moved an application before the Special Land Acquisition Officer under Section 18 of the Act asking for a reference being made to Court. The compensation awarded to them by the Special Land Acquisition Officer cannot be enhanced In a writ under Article 226 of the Constitution.;


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