Court No. - 39
Case :- WRIT - C No. - 11571 of 2018 Petitioner :- Kali Charan And 12 Others Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Shri Ram (Rawat),Indra Deo Mishra,Shushil Kumar Mishra Counsel for Respondent :- C.S.C.,Anjali Upadhya
Hon'ble Dilip Gupta,J. Hon'ble Jayant Banerji,J.
It transpires that pursuant to a notification issued under Section 4(1) of the Land Acquisition Act, 18941 and making of the declaration under Section 6 (1) of the Act on 19 January 2010, an award was made under Section 11(1) of the Act on 4 May 2012. Compensation was also paid to the petitioners and thereafter the additional compensation in terms of Full Bench judgement in Gajraj and others Vs. State of U.P and others 2 was also paid to the petitioners.
The petitioners, however, contend that since some lands in the neighbouring village were acquired under the provisions of National Highways Act, 1956 in 2017, compensation paid for such lands should also be paid to the petitioners.
All that has been contended by the learned counsel for the petitioners at the time of hearing of the writ petition is for enhancement of additional compensation on the basis of an award made for land acquired in a neighbouring village in 2017 after issuance of declaration under Section 3-D of the National Highways Act, 1956 on 5 May 2017.
It is not possible to accept this contention of the learned counsel for the petitioners as the market rate of the land has to be determined on the date of issuance of the notification under Section 4(1) of the Act. If the petitioners were not satisfied with the award
1 The Act.
2 2011 (11) ADJ 1 made by the Special Land Acquisition Officer on 4 May 2012, they could have taken recourse of proceedings under Sections 18 of the Act but there is nothing on record to indicate that the petitioners had filed any application.
In this view of the matter, no relief can be granted to the petitioners.
The writ petition is, accordingly, dismissed .
Order Date :- 30.3.2018 sfa/ ( Dilip Gupta, J) ( Jayant Banerji, J )