Challenging an order under Section 28-A of the Land Acquisition Act, 1894, the court held that an efficacious statutory remedy exists under Section 54 of the same Act. The petition was accordingly dismissed with the petitioner directed to approach the appropriate authority via the statutory appeal.
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Court No. - 9
Case :- WRIT - C No. - 2242 of 2021
Petitioner :- U.P. Avas Evam Vikas Parishad Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Vivek Saran Counsel for Respondent :- C.S.C.
Hon'ble Sanjay Yadav,J. Hon'ble Jayant Banerji,J.
The challenge in this petition is to an order dated 19.02.2020 passed by Additional Collector (Land Acquisition) / (Housing), Kanpur Nagar. The order as apparent therefrom is passed in exercise of Section 28-A of the Land Acquisition Act, 1894 which mandates:
"[28A. Re-determination of the amount of compensation on the basis of the award of the Court. - (1) where in an award under this part, the court allows to the applicant any amount of compensation in excess of the amount awarded by the collector under section 11, the persons interested in all the other land covered by the same notification under section 4, subsection (1) and who are also aggrieved by the award of the Collector may, notwithstanding that they had not made an application to the Collector under section 18, by written application to the Collector within three months from the date of the award of the Court require that the amount of compensation payable to them may be re-determined on the basis of the amount of compensation awarded by the court:
Provided that in computing the period of three months within which an application to the Collector shall be made under this sub-section, the day on which the award was pronounced and the time requisite for obtaining a copy of the award shall be excluded.
(2) The Collector shall, on receipt of an application under sub-section (1), conduct an inquiry after giving notice to all the persons interested and giving them a reasonable opportunity of being heard, and make an award determining the amount of compensation payable to the applicants.
(3) Any person who has not accepted the award under sub-section (2) may, by written application to the Collector, required that the matter be referred by the Collector for the determination of the Court and the provisions of sections 18 to 28 shall, so far as may be, apply to such reference as they apply to a reference under section 18.]"
In our considered opinion, the petitioner has remedy under Section 54 of the Act of 1894 which provides for:
"[54. Appeals in proceedings before Court. - Subject to the provisions of the Code of Civil Procedure, 1908 (5 of 1908), applicable to appeals from original decrees, and notwithstanding anything to the contrary in any enactment for the time being in force, an appeal shall only lie in any proceedings under this Act to the High Court from the award, or from any part of the award, of the Court and from any decree of the High Court
passed on such appeal as aforesaid an appeal shall lie to 4[the Supreme Court] subject to the provisions contained in section 110 of the Code of Civil Procedure, 1908, and in Order XLV thereof.]"
Since the petitioner has efficacious statutory remedy available under Section 54 of the Act, we are not inclined to interfere in the petition against the order. Instead, we relegate the petitioner to avail the remedy available under the Act of 1894.
Petition stands disposed of finally. Order Date : - 28.1.2021 N Tiwari
(Jayant Banerji, J.) (Sanjay Yadav, J.)
2 issues framed by the court
Whether the writ court can entertain the petition when an efficacious statutory remedy under Section 54 of the Land Acquisition Act, 1894 is available.
Whether the petitioner must be relegated to the remedy available under the Land Acquisition Act, 1894 instead of granting relief on writ.
2 provisions across 1 enactments
U.P. Avas Evam Vikas Parishad
State Of U.P.
Jayant Banerji
Sanjay Yadav
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
