V.K. Shukla and Mahesh Chandra Tripathi, JJ. - (1.) In these writ petitions, the petitioners have prayed for quashing the order dated 19.8.2015 issued by the District Magistrate, Forazabad- 2nd respondent by which he had directed the petitioners to appear before him for correction in the sale deeds executed by the petitioners on 24.8.2015, otherwise the consideration amount mentioned in the notice will be transferred in their respective accounts, and for direction commanding the respondents to make payment of consideration amount at the rate mentioned in the sale deeds as approved by the Committee headed by respondent no.2 along with 12% interest.
(2.) Record in question reflects that a notification dated 7.10.2013 was issued under Section 4 of the Land Acquisition Act 1894 (in short, 1894 Act) inviting applications from interested tenure holders, who wanted to sell their land for Green Field Project (Agra to Lucknow) Entry Control Express Way. Thereafter, the 6th respondent issued a letter dated 24.12.2014 by which he had fixed the rate on which the land was to be acquired and the compensation was to be paid to the farmers, who were willing to give their land for acquisition. Admittedly, the petitioners have entered into an agreement on 31.12.2014 and executed registered sale deeds in favour of 2nd respondent. The detail regarding the compensation has been averred in para-11 of the writ petition. The record further reveals that the circle rate of petitioners' land was offered @ Rs.4000/- per sqr. mtrs and the circle rate fixed by the Committee headed by the District Magistrate was of Rs.8000/- per sqr. mtrs after enquiry and survey of the land in question. As per sale deeds so executed between the parties, it was clearly mentioned that the entire consideration amount would be paid within 15 days from the date of execution of the sale deed in their respective accounts, otherwise the interest @ 12% per annum would be paid to the incumbents.
(3.) In pursuance of the Government Order dated 2.9.2013 a Committee was constituted for consideration of the offers given by the tenure holders and consequently, the Committee in its meeting dated 15.12.2014 had approved certain rates for the purpose of executing the sale deeds and only in that response the sale deed was executed. The petitioners' land was declared as abadi in consolidation proceedings under Section 5(1) (c) of The Uttar Pradesh Consolidation of Holdings Act, 1953 (hereinafter referred to as the 1953 Act). Based on such declaration, the Committee had offered a rate of Rs.8000/- per square metre, treating the petitioners' land as abadi only on the basis of the said report and as such, the rate offered was accepted by the petitioners. Consequently, the sale deed dated 31.12.2014 was executed.;