JUDGMENT
1. Heard learned counsel for the parties.
2. In this case on 10.10.2002 learned Standing Counsel was granted one month's time to file counter affidavit. We are not inclined to grant any further time as about one and a half years have expired since we granted time to file counter affidavit. As no counter affidavit has been filed, we treat the allegations made in the writ petition as correct.
3. In para 1 it is stated that the petitioner is a farmer and this land was acquired without adopting the legal procedure and without giving compensation. True copy of the 'Khatauni' is Annexure-1. It has been alleged in para 8 of the writ petition that the respondents never followed the procedure for acquiring the land provided under in the Land Acquisition Act. Instead of doing so they have taken possession of the land straightway and have constructed a canal on the said land.
4. Article 300A of the Constitution states:-
"No person shall be deprived of his property save by authority of law."
5. The above Constitutional provision clearly implies that the property of a person cannot be taken over by anyone without authority of law. The word 'law' in Article 300A, in our opinion, means statutory law and not a G.O. or an executive instruction.
6. In case after case which is coming up before us, we find that the land of a person has been taken over by the government on the pretext that a canal or road or a building is to be built upon it but without following the procedure of the Land Acquisition Act or any other statutory enactment. In our opinion, this is wholly illegal, being violative of Article 300A of the Constitution. We fail to understand why the State Government has been repeatedly doing such illegal acts when it has power to acquire the land under the Land Acquisition Act or to requisition it under the U.P. Rural Development (Requisitioning of Land) Act, 1947 or sonic other enactment. time has now come when this highhandedness, which has repeatedly been committed by the State Government, must be stopped.
7. On the facts of this case we allow this petition and direct that either the possession of the land in question shall be restored forthwith to the petitioner or he shall be paid the entire compensation as provided in the Land Acquisition Act including additional compensation, solatium and interest which shall be determined by the District Judge, Sant Ravidas Nagar within four months from today. The compensation determined by the District Judge shall be paid to the petitioner within two months from the date the order is passed by him.
8. Apart from the above, the State Government shall also pay Rs. 1.00 lac (Rupees one lac) as exemplary costs to the petitioner for its highhandedness, which shall be paid within four months from today in addition to the compensation mentioned above. We make it clear that the compensation will be paid at the present rate i.e. the date of judgment.
9. Learned Standing Counsel has stated that a G.O. has been issued on 5.6.1981 which is Annexure-4 to the writ petition. In our opinion no G.O. can validate an illegal acquisition. Acquisition or requisition can only be done under a statutory enactment and not by any G.O. Moreover, the aforesaid G.O. itself states that taking possession of land without following the procedure in the Land Acquisition Act is illegal, and unconstitutional.
10. Let a copy of the judgment be given to the learned counsel for the parties within 48 hours.
11. The Registrar General of this Court will send a copy of the judgment to the Chief Secretary, U.P., who will circulate it to the Commissioners/District Magistrates in U.P.