PRAHLAD SINGH AND 6 OTHERS Vs. STATE OF U P AND 2 OTHERS
LAWS(ALL)-2016-9-241
HIGH COURT OF ALLAHABAD
Decided on September 26,2016

Prahlad Singh And 6 Others Appellant
VERSUS
State Of U P And 2 Others Respondents




JUDGEMENT

- (1.)In spite of a stop order, no counter affidavit has been filed. As oral request was made by learned Standing Counsel to grant further time to file the counter affidavit. Such request is rejected since there was a stop order by an earlier order of the Court dated 26.9.2016 granting the respondents three week's and no more time to file a counter affidavit.
(2.)The petitioners' father Kashmira Singh was the original tenure holder of the land in question being Khasra No. 311-M measuring 0.8350 hectares in village Lohari Khurd, Pargana Charthawal, Tehsil Sadar, District Muzaffarnagar. The name of Kashmira Singh was recorded in the revenue record. Upon his death, petitioners' name was recorded in the Khatauni of 1420 Fasli to 1425 Fasli. The petitioners' land was acquired sometimes in the year 1974-75. Pursuant to Notification issued under Sections 4 and 6 of the Land Acquisition Act, objections were filed by the petitioners which was rejected. For reasons best known to the respondents the award insofar as the petitioners are concerned, was not made under Section 11 of the Land Acquisition Act. The award of the co-sharers was however made. The petitioners were forcibly dispossessed from the land in the year 2014. Being aggrieved by this forceful dispossession, the petitioners filed Civil Misc. Writ Petition No. 52791 of 2014 which was disposed of by an order dated 07.10.2014 directing the petitioners to make a representation before the Collector, Muzaffarnagar who would decide the same by a reasoned and speaking order. The petitioners made a representation which was disposed of by an order dated 18.2.2016. The Collector, in its order, admitted that the land of the petitioners has been acquired and that neither the award has been made nor compensation has been paid. It has also been indicated that compensation was kept in the revenue deposit. The Collector has further directed the Special Land Acquisition Officer, Muzaffarnagar to determine the compensation by taking the market value of the land as existed in the year 1981 which was the date when the respondents deposited the amount in respect of other land holders in the revenue deposit.
(3.)The petitioners being aggrieved by the said order has filed the present writ petition.
Having heard the learned counsel for the parties, we find that the Land Acquisition Act has been repealed with effect from 01.01.2014 in view of Section 114 of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (hereinafter referred to as the Act of 2013). With effect from 01.01.2014, the new Act of 2013 has come in force. Section 24(1)(a) of the Act provides that where no award under Section 11 of the Land Acquisition Act has been made, then compensation has to be determined under the Act of 2013. Section 26 of the Act 2013 provides the criteria for determining the market value of the land by the Collector. Proviso to Section 26 of the Act states that the date for determination of market value shall be the date on which the notification has been issued under Section 11 of the Act of 2013.

In the instant case, the notification was issued under the Act of 1894 which has now been repealed. The question that arises for consideration as to what would the appropriate date for determination of the market value of the land in question. As per impugned order, the Collector has directed the Special Land Acquisition Officer to determine the market value of the land on the date when the compensation was deposited in the revenue deposit. Prima facie this direction appears to be arbitrary. We find that under Section 113 of the Act, the Central Government has the power to make such provision or give such direction in case any difficulty arises for implementation of the Act.

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