Case Note & Summary
The Supreme Court of India heard an appeal by special leave against an order of the Division Bench of the High Court of Allahabad dated November 1, 1995, in Writ Petition No. 30914/95. The dispute arose from land acquisition proceedings initiated under the U.P. Avas Evam Vikas Parishad Adhiniyam, 1965. The central controversy was whether the Land Acquisition (Amendment) Act 68 of 1984 applied to acquisitions made under the Adhiniyam, and consequently whether notifications and declarations issued under the Adhiniyam analogous to Sections 4 and 6 of the Land Acquisition Act, 1894 lapsed after expiry of two years from the commencement of the Amendment Act. The appellants contended that the Amendment Act applied and that the notifications and declarations had lapsed. The State of Uttar Pradesh and the U.P. Avas Evam Vikas Parishad opposed this, relying on the doctrine of incorporation and prior judicial decisions. The Supreme Court examined its earlier rulings. In Gaurishankar Gaur v. State of U.P., (1994) 1 SCC 921, a two-judge bench of this Court, including K. Ramaswamy J., held that the Adhiniyam and the procedure prescribed therein vis-à-vis the Land Acquisition Act, 1894 operated by incorporation, and therefore the Amendment Act did not apply to acquisitions under the Adhiniyam. Although R.M. Sahai J. differed on reasoning, both judges agreed on shifting the date for payment of compensation to the later date of declaration. Subsequently, in U.P. Avas Evam Vikas Parishad Lucknow v. Lata Awasthi, (1995) 3 SCC 573, another bench held that the Amendment Act had no application because some provisions of the Land Acquisition Act, 1894 were incorporated into the Adhiniyam. This view was reiterated in Ramesh Chandra Tiwari & Ors. v. U.P. Avas Evam Vikas Parishad, Lucknow, decided on January 8, 1996. The Court, therefore, found it settled law that the Land Acquisition Amendment Act 68 of 1984 had no application to acquisitions under the Adhiniyam. Consequently, notifications under the Adhiniyam similar to Section 4 and declarations similar to Section 6 of the Land Acquisition Act did not stand lapsed after the expiry of two years from the date the Amendment Act came into force. The High Court was thus right in refusing to grant the relief. The Supreme Court disposed of the appeal with directions: the Land Acquisition Officer was directed to pass the award in accordance with law within six weeks from receipt of the order. If the Land Acquisition Officer failed to pass the award within that period, he was to award interest at 18% on the amount awarded from the date of expiry of six weeks until the date of deposit of compensation by the requisitioning authority. Further, if the amount was not deposited with the Land Acquisition Officer within a further period of three months thereafter, the State Government was directed to withdraw from the acquisition. No order as to costs was made.
Headnote
A) Land Acquisition - Applicability of Amendment Act - Doctrine of Incorporation - Land Acquisition Act, 1894 (1 of 1894); Land Acquisition (Amendment) Act 68 of 1984; U.P. Avas Evam Vikas Parishad Adhiniyam, 1965 - The court considered whether the Land Acquisition Amendment Act applied to acquisitions under the U.P. Avas Evam Vikas Parishad Adhiniyam, 1965. Relying on prior decisions in Gaurishankar Gaur v. State of U.P. and U.P. Avas Evam Vikas Parishad Lucknow v. Lata Awasthi, the court held that the Adhiniyam incorporated certain provisions of the Land Acquisition Act, 1894 by reference, and therefore the Amendment Act had no application. Held that the Amendment Act is inapplicable to acquisitions under the Adhiniyam. (Paras Not mentioned) B) Land Acquisition - Lapse of Notifications and Declarations - Effect of Non-Applicability of Amendment Act - Land Acquisition Act, 1894, Sections 4 and 6; U.P. Avas Evam Vikas Parishad Adhiniyam, 1965 - The question was whether notifications and declarations under the Adhiniyam analogous to Sections 4 and 6 of the Land Acquisition Act lapse after expiry of two years from the date the Amendment Act came into force. The court held that since the Amendment Act did not apply, such notifications and declarations did not lapse. Held that the High Court rightly refused to grant relief of lapse. (Paras Not mentioned) C) Land Acquisition - Award and Compensation - Directions for Timely Award, Interest, and Withdrawal - Land Acquisition Act, 1894; U.P. Avas Evam Vikas Parishad Adhiniyam, 1965 - The court directed the Land Acquisition Officer to pass the award within six weeks from receipt of order; if not, interest at 18% from expiry of six weeks until deposit of compensation by requisitioning authority; if amount not deposited within further three months, State Government to withdraw acquisition. Held that these directions balance public interest and private rights. (Paras Not mentioned)
Issue of Consideration
Whether the Land Acquisition (Amendment) Act 68 of 1984 applies to acquisitions made under the U.P. Avas Evam Vikas Parishad Adhiniyam, 1965, and whether notifications and declarations under the Adhiniyam analogous to Sections 4 and 6 of the Land Acquisition Act, 1894 lapse after expiry of two years from the commencement of the Amendment Act
Final Decision
Appeal disposed of with directions: High Court's refusal to grant relief upheld; Land Acquisition Officer directed to pass the award in accordance with law within six weeks from receipt of order; if not, interest on the amount awarded at 18% from expiry of six weeks until deposit of compensation by the requisitioning authority; if amount not deposited within a further period of three months thereafter, State Government directed to withdraw from the acquisition. No costs.
Law Points
- Doctrine of incorporation
- non-applicability of Land Acquisition Amendment Act to acquisitions under U.P. Avas Evam Vikas Parishad Adhiniyam
- 1965
- notifications under Adhiniyam analogous to Sections 4 and 6 of Land Acquisition Act
- 1894 do not lapse after two years
- Land Acquisition Officer directed to pass award within six weeks
- interest at 18% for delay
- State to withdraw acquisition if compensation not deposited within three months
