Banda Development Authy, Banda vs Moti Lal Agarwal & Ors

3. By the notifications referred in the preceding paragraph, the State Government acquired 103 bighas land situated in Ladakapurwa and Bhawanipur villages, Pargana and District Banda for Tulsi Nagar Residential Scheme of the Banda Development Authority (for short, "the BDA"). Both the notifications were published in the manner prescribed under Sections 4(1) and 6(2) respectively.

4. On 5.6.2000, the Secretary of the BDA deposited Rs.63,47,855.07 towards 80% of the compensation payable in lieu of the acquisition of 103 bighas land. This was in compliance of the mandate of Section 17(3A). The concerned authorities of the State delivered possession of the acquired land to the BDA on 30.6.2001. The officers of the Revenue Department visited the site on 4.9.2001 and prepared the Field Book, copy of which has been produced before this Court along with affidavit dated 19.1.2011 of Shri Biri Singh, Executive Engineer, BDA. The Special Land Acquisition Officer passed award dated 14.6.2002 for the acquired land including plot No.795 of which 5 bighas 5 biswas was purchased by respondent No.1 vide registered sale deed dated 4.10.1982.

5. In the meanwhile, the BDA prepared lay out for the acquired land which was sanctioned by its Board on 8.5.2002. Thereafter, the land was developed in a phased manner and plots were carved out for economically weaker sections and LIG, MIG and HIG categories. The BDA also constructed flats for economically weaker sections and those belonging to lower income group. The plots and flats were allotted to the eligible persons who had applied in response to different advertisements issued by the BDA between 2.11.2002 and 26.4.2006.

6. After more than three years of publication of the declaration issued under Section 6(1), respondent No.1 filed suit being O.S. No.52 of 2003 in the Court of Civil Judge (Senior Division), Banda, and prayed that the defendants be directed to start the acquisition proceedings afresh and disburse compensation after sub-dividing and numbering plot No.795 in accordance with paragraph 63 of the Land Record Manual. The suit was dismissed on 1.9.2007 in view of the bar contained in the Uttar Pradesh Zamindari Abolition and Land Reforms Act and the Land Acquisition Act.

8. The thrust of the affidavits filed by Shri Mam Chand, Executive Engineer and Shri Har Govind Swarnkar, Assistant Engineer on behalf of the BDA was that after taking possession of the acquired land, the BDA constructed roads and nalis, laid pipelines for supply of water and also erected poles for electric lines and plots carved out from the acquired land were allotted to people belonging to different categories. In paragraphs 2, 3 5 and 4 of his affidavit, Shri Har Govind Swarnkar, Assistant Engineer, averred as under:

(emphasis supplied)

34. The principles which can be culled out from the above noted judgments are:

(emphasis supplied)

38. In the result, the appeal is allowed. The impugned order is set aside and the writ petition filed by respondent No.1 is dismissed with cost quantified at Rs.1,00,000/-. Respondent No.1 shall deposit the amount of cost with the appellant within a period of two months from today.