LALLU RAM Vs. STATE OF U P
LAWS(ALL)-2015-2-2
HIGH COURT OF ALLAHABAD
Decided on February 02,2015

LALLU RAM Appellant
VERSUS
STATE OF U P Respondents




JUDGEMENT

- (1.)The present writ petition has been filed by the petitioner challenging an order dated 23.12.2014, passed by the Special Judge, (E.C. Act)/Additional District Judge, Allahabad, whereby the application filed by the petitioner for payment of compensation as per the provisions of Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (hereinafter referred to as Act of 2013), by virtue of section 24(1)(a) thereof, has been rejected.
(2.)The facts, relating to matter in issue, are rather disturbing and have been noticed in detail by a Division Bench of this Court in its judgment dated 14.10.1999: Durga Prasad and others v. State of U.P. and others,, 1999 36 AllLR 64.
(3.)It appears that for construction of Gyanpur Pump Canal System, which included main canal, distributaries and minors project, land of large number of farmers was utilized without undertaking any valid land acquisition proceedings and making payment of compensation in lieu thereof. The construction work for the project started in the year 1978 and was spread in four districts of Allahabad, Varanasi, Mirzapur and Sant Ravidas Nagar. Proceedings for requisition of land under U.P. Rural Development Act (Requisition of Land) Act, 1948, had been initiated, but even such proceedings were not concluded. It was observed by the Division Bench that since the project was not for any temporary purpose, therefore, the proceedings under the aforesaid Requisition Act was not a valid proceeding. A report from Central Bureau of Investigating was called for in the matter. After taking note of the report submitted by the investigating agency, it was found that 2650 persons had not been paid compensation, despite the fact that their land had been walked into, and possessed illegally by the State, for the public project in question, which was duly sanctioned by the Planning Commission of India and was to be executed by the State of U.P. Faced with the aforesaid factual scenario, suggestion by the State to ensure ex-post facto proceedings formalized by the State Government, announcing its intention to acquire land under the Land Acquisition Act, 1984, (hereinafter referred to as Act of 1984) for a public project, was termed 'ridiculous' by the Division Bench. However, as the land had already been utilized for the project, the Division Bench of this Court found that "only the modalities for making a calculation for payment of compensation to agriculturists whose land has been possessed by the State can be borrowed to make the best out of a bad situation." Ultimately, following directions were issued in the matter on 14.10.1999:-
21. --------. There are no land acquisition proceedings which have been shown by the respondents to the Court. There is no award. The District Judge, in any case, is an authority referred to under the Land Acquisition Act, 1894. The State respondents, that is, the official concerned of the revenue shall on or before 15 November, 1999, file a statement, in so far as the petitioners are concerned, before the District Judge, Allahabad, along with the money for deposit. The State respondents will file a calculation before the District Judge, in reference to the strict criteria provided for calculating compensation under the Land Acquisition Act, 1894. This will mean the value of the land, that is, the market value. The petitioners will have an opportunity to object to the calculations which will be filed by the State respondents. Thereafter, the District Judge, Allahabad, will examine the matter and modulate the compensation in accordance with the Land Acquisition Act, 1894. The District Judge, Allahabad, will take into account the other factors for computing compensation as are prescribed under the Act, like solarium, interest, etc. The amount which will be worked out by the District Judge, Allahabad, as these matters have seen long delay, shall be the final amount and he will require the State Government to deposit this amount. When the final compensation is being computed by the District Judge, Allahabad, he will require the balance amount, if any, to be deposited in his court within thirty days, of its being indicated. If the need so arises, the decision of the District Judge shall be executed as a decree.

22. In so far as other agriculturists are concerned, these are spread out in five districts. The same modalities will be adopted by the District Judges concerned. The agriculturists have been identified in the CBI report and the State respondents are possessed of sufficient information on lands used, occupied and possessed by the State for the public project, aforesaid. Likewise, the State respondents shall file a calculation chart with respect to these agriculturists before the District Judges, concerned, on or before 1 December, 1999 along with the money as a deposit. Likewise, as indicated (to District Judge, Allahabad), the other concerned District Judges, shall work out the final amount towards compensation and require the State Government to deposit it by indicating the balance, if any, within thirty days. The decision of the District Judges, concerned shall be executed as a decree."

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