Hon'ble Jaspreet Singh,J.
Heard Sri Farooq Ahmad, learned counsel for the petitioners, Sri S.S.Chauhan, learned Additional Chief Standing Counsel for the State-respondents nos. 1 to 6 and Sri S.B.Pandey, learned Senior Counsel assisted by Sri Varun Pandey, learned counsel for the respondent no.7.
By means of the instant petition, the petitioners have sought for issuance of a writ of certiorari quashing the impugned circle rate list dated 01.08.2013 issued by the respondent no.2, so far as it relates to Village Naseepur Bhikkhan, Pargana and Tehsil Bangarmau, District Unnao and also for issuance of a writ of mandamus directing the respondents to re-fix the market value of petitioners' land of Village Naseerpur Bhikkan, equal to the market value of the land of adjacent village @ Rs. 20 per hectare.
The instant petition has been filed by 94 writ petitioners on account of reduction of the circle rate of village Naseerpur, Pargana and Tehsil Bangarmau, District Uannao.
Considering the material on record, on 11.08.2014, the co-ordinate Bench of this Court had passed the following order:-
"Instant writ petition under Article 226 of the Constitution of India has been preferred by the petitioner on account of reduction of circle rate for the village Naseerpur Bhikkhan District Unnao.
Attention has been invited towards para 8 of the writ petition which discloses circle rate of the developed villages. For convenience it is reproduced as under:-
A perusal of the chart reveals that with regard to adjoining/developed villages circle rate has been enhanced to 40 lacs or 16 lacs and odd but in the case of petitioner's village the circle rate has been reduced to 8 lacs.
The submission is that only on 1.7.2012 the circle rate was increased to 16 lacs and now by impugned circle rate list dated 1.8.2013 circle rate has been reduced to 8 lacs. Reason assigned by the petitioner is that national highway has acquired the land of petitioner's village for construction of road. To avoid payment of compensation in view of new Land Acquisition Act and law settled by Hon'ble Supreme Court the circle rate of only petitioner's village has been reduced. Prima facie, at the face of record reduction of circle rate seems to be motivated on account of alleged acquisition of land by the national highway for construction of road. With regard to some other villages the circle rate has been reproduced in para 10 of the writ petition and is reproduced as under:-
"That it is also relevant to point out here that in the circle rate list dated 12.07.2012, villages which have been shown as developed villages alongwith the village of the petitioners, whose circle rate list has been fixed very high in comparison to the circle rate of the petitioners vide impugned circle list, which is given as under:-
Village Rates (Rs. in lacs) on Road Adjacent to Abadi General Land Atardhani 25.00 28.00 20.00 Ismailpur Ambapara 25.00 28.00 20.00 Sahdani 25.00 28.00 20.00 Salhenagar Karaundi 25.00 28.00 20.00
It is pertinent to mention here that along with the aforesaid villages, the village of the petitioner Naseerpur Bhikkhan has been shown as developed village in the circle list dated 12.07.2012 and in the circle list dated 12.07.2012 the circle rate of the land of the petitioner's village has been shown Rs. 16.00lacs, but in the impugned circle rate list dated 01.08.2013, the same has been shown Rs. 8 lacs which is wholly illegal, improper and arbitrary."
Prima facie, it appears that only for the purpose to pay lesser compensation equals has been treated unequally hence action of the respondents seems to hit by Article 14 of the Constitution of India.
In view of above, prima facie, it appears that reduction of circle rate with regard to petitioner's village is motivated by arbitrary exercise of power for extraneous reasons.
In such situation, we admit the writ petition directing the respondents to file counter affidavit within four weeks, two weeks for rejoinder affidavit. List thereafter for peremptorily hearing.
It is further provided that impugned order with regard to reduction of circle rate shall remain suspended to the extent with regard to payment of compensation by the respondents or national highway authority. The compensation shall be assessed on the basis of circle rate on the basis of rate prevailing prior to 1.8.2013."
The State-respondents has filed a detailed counter affidavit and their stand is that due to typographical error, the circle rate of the village in question has been transcribed as Rs. 8 lacs per hectare instead of Rs. 16 lacs per hectare. Thereafter, with the mutual consent of the villagers, writ petitioners and the respondents authorities, the land has been settled @ Rs. 16 lacs per hectare i.e. Rs. 64 lacs per hectare, when circle rate multiplied by 4. Out of 94 writ petitioners, 81 writ petitioners have executed the sale deed. So far as the petitioner nos. 14, 15, 16, 17 and 45 are concerned, an award has been declared on 04.04.2015. With respect to petitioner nos. 6, 25, 32, 36, 40, 53, 66, 68 and 91, their land is out of alignment of road, therefore no proceedings for acquisition has been drawn against them. The details of the sale deeds of 81 writ petitioners are annexed with the counter affidavit.
Considering the fact that the sale deeds have been executed by the 81 writ petitioners and they have accepted the compensation @ 64 lacs per hectare, therefore nothing survives in the instant petition. The petitioners in whose favour award dated 04.04.2015 has been passed, they are at liberty to challenge the the same by making reference under Section 64 of The Right Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013.
In view of the aforesaid, the writ petition has no merit and is accordingly, dismissed.
[Jaspreet Singh,J.] [Pankaj Kumar Jaiswal,J.] Order Date :- 31.7.2019 S.Ali