Case Note & Summary
This appeal came before the Supreme Court of India on January 8, 1996, and was decided by a bench comprising N.P. Singh, A.M. Ahmadi (Chief Justice of India), and B.P. Jeevan Reddy. The matter arose out of land acquisition proceedings initiated under the U.P. Awas Evam Vikas Parishad Adhiniyam, 1965. The appellants, Ramesh Chandra Tiwari and another, were aggrieved by the acquisition process, which included a notification issued under Section 28 and a declaration made under Section 38 of the Adhiniyam. The core dispute was whether the provisions of the Land Acquisition Act, 1894—specifically Section 6—and the later Land Acquisition (Amendment) Act 68 of 1984, applied to acquisitions under the U.P. Awas Evam Vikas Parishad Adhiniyam, 1965. After granting leave, the Supreme Court found that the controversy was squarely covered by its earlier decision in Gauri Shankar Gaur & Ors. v. State of U.P. & Ors., (1994) 1 SCC 92. In that case, the Court had ruled that Section 6 of the Land Acquisition Act, 1894 had no application to acquisitions initiated under the U.P. Awas Evam Vikas Parishad Adhiniyam, 1965. The procedure prescribed in Sections 28 and 32 of the Adhiniyam, as modified by operation of Section 55 read with paragraph 2 of the Schedule, was the applicable procedure. Consequently, the Land Acquisition (Amendment) Act 68 of 1984 also had no application to such acquisitions. The Supreme Court reiterated this view in U.P. Avas Evam Vikas Parishad, Lucknow v. Lata Awasthi, (1995) 3 SCC 573. Applying these precedents, the Supreme Court held that the notification issued under Section 28 and the declaration made under Section 38 of the Adhiniyam were valid in law. The procedure prescribed under the Adhiniyam was to prevail over the general land acquisition law, and the Amendment Act 68 of 1984 did not apply to acquisitions under the Adhiniyam. The Court further observed that, in view of Gauri Shankar Gaur, the claimants would be entitled to compensation determined with reference to the date of declaration under Section 32 of the Adhiniyam. No separate arguments of the parties were recorded in the order; the Court relied entirely on the binding precedents and the statutory scheme of the Adhiniyam. Accordingly, the Supreme Court disposed of the appeal, affirming the validity of the acquisition proceedings under the Adhiniyam and directing that compensation be determined with reference to the date of declaration under Section 32. The decision reinforced the principle that special statutes governing housing and development boards in Uttar Pradesh have their own procedural framework for land acquisition, which excludes the general Land Acquisition Act amendments.
Headnote
A) Land Acquisition - Applicability of Land Acquisition Act and Amendment Act 68 of 1984 to U.P. Awas Evam Vikas Parishad Adhiniyam - Section 6 of Land Acquisition Act, 1894 and Land Acquisition (Amendment) Act 68 of 1984 do not apply to acquisitions under U.P. Awas Evam Vikas Parishad Adhiniyam, 1965 - U.P. Awas Evam Vikas Parishad Adhiniyam, 1965, Sections 28, 32, 55 and Schedule para 2 - The court followed Gauri Shankar Gaur v. State of U.P. and U.P. Avas Evam Vikas Parishad v. Lata Awasthi and held that the procedure under Sections 28 and 32, as modified by Section 55 and para 2 of the Schedule, applies; consequently notifications under Section 28 and declaration under Section 38 are valid. Held that the Adhiniyam procedure prevails over the Land Acquisition Act amendment. (Para 1) B) Compensation - Date for Determination of Compensation - Compensation under U.P. Awas Evam Vikas Parishad Adhiniyam, 1965 to be determined with reference to date of declaration under Section 32 - U.P. Awas Evam Vikas Parishad Adhiniyam, 1965, Section 32 - Relying on Gauri Shankar Gaur, the court directed that claimants are entitled to compensation determined with reference to the date of declaration under Section 32 of the Adhiniyam. Held that such date governs compensation. (Para 1)
Issue of Consideration
Whether provisions of Land Acquisition Act, 1894 and Land Acquisition (Amendment) Act 68 of 1984 apply to acquisitions under U.P. Awas Evam Vikas Parishad Adhiniyam, 1965; and the date for determination of compensation.
Final Decision
The appeal was disposed of. The court held that Section 6 of Land Acquisition Act, 1894 and Land Acquisition (Amendment) Act 68 of 1984 do not apply to acquisitions under U.P. Awas Evam Vikas Parishad Adhiniyam, 1965. Notifications under Section 28 and declaration under Section 38 of the Adhiniyam are valid. Procedure under the Adhiniyam prevails. Claimants are entitled to compensation determined with reference to date of declaration under Section 32 of the Act.
Law Points
- Section 6 of Land Acquisition Act
- 1894 has no application to acquisitions under U.P. Awas Evam Vikas Parishad Adhiniyam
- 1965
- Land Acquisition (Amendment) Act 68 of 1984 has no application
- Procedure under Sections 28 and 32 as modified by Section 55 read with para 2 of the Schedule applies
- Compensation determined with reference to date of declaration under Section 32 of the Adhiniyam
