- (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. "The expression "Collector" means the Collector of a district, and includes a Deputy Commissioner and any officer specially appointed by the appropriate Government to perfom the functions of a Collector under this Act." The definition shows that any officer specially appointed by the appropriate Government to perform the functions of a Collector under the Act would be deemed to be a Collector. In view of Section 3(ee), "appropriate Government" in the present case would be the State Government. It has therefore, to be examined whether the State Government has appointed the Additional Collector (Finance and Revenue), Muzaffarnagar to perform the functions of the Collector under the Act. Learned Counsel for Krishi Utpadan Mandi Samiti-respondent No.4, has placed before us a copy of the notification issued by the State Govt. on 14/08/1963 which was published in U.P. Gazette of 24/08/1963 and it reads as follows: "In exercise of the powers under clause (c) of Section 13 of the Land Acquisition Act, 1894 (Act No.1 of 1894), the Governor of Uttar Pradesh, is pleased to appoint with effect from the date of publication of this notification in the Gazette every Additional Collector of a district appointed under sub-section (1) of Section 14A of the U.P. Land Revenue Act, 1901 (U.P. Act No.III of 1901) to perform the functions of a Collector under the Land Acquisition Act, 1894 in that disctrict." Section 14A of Land Revenue Act which has a bearing on the point in issue reads as follow; 14A (1); The State Government may appoint an Additional Collector in a district or in two or more districts combined. (2) An Additional Collector shall hold his office during the pleasure of the State Government. (3) An Additional Collector shall exercise such powers and discharge such duties of a Collector in such cases or classes of cases as the Collector concerned may direct. (4) This Act and every other law for the time being applicable to a Collector shall apply to every Additional Collector, when exercising any power or discharing any duties under sub-section (3), as if he were the Collector of the district. Section 14A (1) of U.P. Land Revenue Act empowers the State Government to appoint an Additional Collector in a district. An Additional Collector so appointed has been conferred the power to perform the functions of a Collector under the Land Acquisition Act by the notification issued by the State Govt. on 14/08/1963. Therefore, the award by the Additional Collector (Finance and Revenue), Muzaffarnagar on 5/08/1994 cannot be challenged on the ground that the same has been given by a person who was not legally competent to do so. The principal ground of attack to award, therefore, fails.;