This appeal has been filed by the original petitioners, who unfortunately were unsuccessful, in order to reevaluate the decision made by a Division Bench of the High Court of Judicature at Allahabad on February 28, 2020. This particular decision related to Writ C No. 7310 of 2020, where the High Court dismissed the appellants’ writ application, affirming that the District Magistrate indeed possesses the authority to probe into the legality and validity of the order given by the Special Land Acquisition Officer.
ACTUAL MATRIX
Under the provisions of Section 3A(1) of the Act of 1956, the Central Government executed a notification on January 23, 2015, proposing the acquisition of several land parcels within the District of Mau, aimed at expanding National Highway No. 29 into a four-lane roadway. The land identified includes Gat Nos. 158, 160, and 161 located in the village Ahirani Bujurg, District Mau (UP).
In a subsequent action, a further notification was brought forth under Section 3D of the Act of 1956, which explicitly declared certain properties for public use. Upon the issuance of this notification, the ownership of the land automatically transitioned to the Central Government.
The competent authority responsible, namely the Special Land Acquisition Officer, assessed the compensation earmarked for the landowners, who are the parties involved in this matter, resulting in an award dated November 28, 2016, as per Section 3G of the Act 1956. The critical excerpt from the award is as follows:
Using a stamp rate of Rs. 4,50,00,000.00 as a foundation, the compensation assigned for the 3.269 hectares of land in Ahirani Buzurg equates to Rs. 14,71,05,000.00. Double this amount reaches Rs. 29,42,10,000.00, and the compensation for structures and trees amounts to Rs. 8,01,582.00, leading to a grand total of Rs. 15,29,06,582.00.
Applying 100% Solatium on this figure results in Rs. 30,00,11,582.00. Additionally, compensation summing up to Rs. 3,16,66,953.00 is to be paid at a rate of 12% starting from the last publication date of Section 3A, dated March 6, 2015.
Consequently, the complete compensation due totals Rs. 63,16,90,117.00, as declared in the award. To recover land acquisition expenses amounting to Rs. 6,31,69,021.00, a charge of 10% upon the total compensation, plus 100 times the registered values of less land revenue, will be directed into the specified Account head.
A notice will be dispatched to the relevant Tehsil for entry proceedings. In addition, while relaying one copy of the Award Order to the Indian National Highway Authority situated in Gorakhpur, it is imperative to request that the complete amount reflected in the Award be made available.
In accordance with Section 3H(3) of the Act 1956, the competent authority is mandated to ascertain the respective shares of the landowners in terms of compensation through legislative means. In regards to this matter, the competent authority sought a report from the revenue authorities. The revenue authorities subsequently submitted a report on April 11, 2019, clarifying the shares of the appellants and the respondents, which favored the appellants. A pertinent excerpt from the report indicates:
Khasra No. 1353 details Gata No. 213, which correlates to the current number of 232/51 minutes, while Gata No. 213 B involves the offer number 232/183, with Gata No. 213 recognized as the current code of 232/519. Likewise, Gata No. 233 is presently noted as 214/644 acres under the title "Bagh Digar". Furthermore, the current number of Gata No. 208 stands at 227/1.440 acres, wherein "Bagh Digar" is referenced.
The names Mahadev Shahi, son of Sitaram Shahi, Bholanath, son of Ganga, and Saryu, son of Brijmohan, Caste Kandu, are present in Khata No. 46 of the Khatauni Copy for the crop year 1348, Ahirani Buzurg, indicating the existence of Gata No. 232 acres, while Mahadev, son of Sitaram Shahi, and Bholanath, son of Ganga and Saryu, son of Brijmohan, also of Caste Kandu, are named in regard to Gata No. 128 for the same crop year. Khata No. 92 mentions Gata No. 232/0.284 acres and the names of Mahadev, son of Sitaram Shahi, and Bholanath, son of Brij Mohan, Caste Kandu. It makes reference to Gatas 232/0.539 and 233/0.644, amounting to a total of 1.163 acres, which holds correctness. The crop year 1348 also bears the title Jamman 12.
The allocation was calculated based on 12 equal shares in Gata No. 227/1.440, along with equal shares of Salum concerning Gata Nos. 232 min./0.551, 232/0.183, 232/0.539, and 233/1.624. Given that the roadway connects Hashiya Doharighat and Gazipur, it is asserted that the applicant possesses a one-third ownership stake in Gata Nos. 232 and 233.