- (1.) BY means of this petition, under Article 226 of the Constitution of India, the petitioners have challenged the order dated 14.3.2002 passed by the respondent No. 2, Special Land Acquisition Officer, Varanasi rejecting the application under Section 18 of the Land Acquisition Act, 1894 (herein after referred to as 'Act of 1894') for making a reference to the Court for enhancement of the compensation. We have heard Sri Manoj Kumar Singh, learned counsel for the petitioner and the learned Standing Counsel for the respondents.
(2.) FACTS , in brief, giving rise to the dispute are as under: The land of the petitioners was subject -matter of acquisition vide notification under Section 4(1) of the Act of 1894 read with Section 15 dated 9.10.2000 for extension of Bawatpur Airport in district Varanasi. Special Land Acquisition Officer entered into negotiation with the land holders in accordance with the provisions of U.P. Land Acquisition (Determination of Compensation and Declaration of Award by Agreement) Rules, 1997. On 30.4.2001, the parties entered into agreement that payment of compensation of the land situate in village Mungari shall be at the rate of Rs. 7.00 lacs per acre and that of village Baikunthpur Karni at the rate of Rs. 6.00 lacs per acre. Plots No. 115 and 182 of the petitioners, which were subject -matter of acquisition, are situate in village Mangari, Tehsil Pindara, District Varanasi. As per agreement between the parties, the petitioners were liable to be paid compensation for the land acquired at the rate of Rs. 7.00 lacs per acre. An award was declared under Section 11(2) of the Act of 1894 in accordance with the agreement arrived at between the parties. Thereafter, the petitioners made an application dated 4.3.2002 under Section 18 of the Act of 1894 for making a reference to the Court for enhancement of the compensation on the ground that plots in dispute were situate adjacent to the National Highway and market and are of commercial use as such they were entitled for compensation at the rate of Rs. 150/ - per square ft. Respondent No. 2 vide impugned order dated 14.3.2002 refused to make a reference and rejected the application on the ground that award was declared on the basis of the agreement dated 30.4.2001 arrived at between the tenure holders and the State and the tenure -holders including the petitioners have received their compensation and in view of clause 3 of the agreement since the petitioners agreed to make no other claim except for compensation arrived at in accordance with the agreement between the parties, they are not entitled to make an application under Section 18 of the Act. The sole question which arises for consideration is whether the claimant who has entered into an agreement on the basis of which award has been declared is entitled to seek reference under Section 18 of Act 1894 and Civil Court can determine a higher compensation.
(3.) UNDER Section 11(2) of the Act of 1894 the persons interested in the land subject -matter of acquisition can enter into an agreement and an award in terms of the said agreement can be made by the Collector. Section 11(2) reads as under: "11 (2) Notwithstanding anything contained in sub -section (1), if at any stage of the proceedings, the Collector is satisfied that all the persons interested in the land who appeared before him have agreed in writing on the matters to be included in the award of the Collector in the form prescribed by rules made by the appropriate Government, he may, without making further enquiry, make an award according to the terms of such agreement.";