- (1.) This writ petition has been filed by the petitioner seeking issue of a writ in the nature of certiorari quashing the awards dated 26th July, 1990, and 31st March, 1990 contained in Annexures 16 and 17 to the writ petition.
(2.) The brief facts of the case are that certain land measuring the area of 11.92 acres had been acquired in the year 1986 by the State of U.P. in pursuance of the notification under Sections 4 and '6 read with Section 17(1) of the Land Acquisition Act which shall in brevity hereinafter be referred to as the Act and in pursuance to that some awards were made for fixing the compensation to the landowners. The land had been acquired for the benefit of the petitioner National Thermal Power Corporation.
(3.) The main ground of attack is that the petitioner had neither been issued any notice nor offered any opportunity of adducing the evidence as required under the mandatory provisions contained in Section 52(2) of the said Act. The non-compliance of the aforesaid section makes the award illegal and liable to be set aside. The compensation fixed by the Special Land Acquisition Officer is illegal and liable to be set aside. In support of that it has been averred in Para 14 of the writ petition that the petitioner was not given any notice. The petioner had received the letter dated 18.11.1989 from the Special Land Acquisition Officer informing him that certain agriculturists had approached him for getting the proposed rate of compensation from the Corporation and directed the petitioner to make proposal of compensation payable by the Corporation. The aforesaid letter was replied by the petitioner vide letter dated 19.12.1989. However, the petitioner was not afforded any opportunity and the Special Land Acquisition Officer arbitrarily and excessively fixed the compensation,;