# Moradabad Development Authority v. Hussain Bux and another

- **Citation:** (2004) 1 ILRA 335
- **Court:** High Court of Judicature at Allahabad
- **Decided:** 2004-03-15
- **Case number:** First Appeal No. 135 of 1997
- **Bench:** M. Katju, R.S. Tripathi
- **Source:** https://unisonlegal.in/judgment/allahabad-high-court/moradabad-development-authority-v-hussain-bux-and-another-40368
- **Pages:** 3

## Headnote

Constitution of India, Article 226-Land
Acquisition
Act-S.
18-Acquisition
of
land-Award
of
compensationScandalous practice going on in Western
U.P. districts in collusion with certain
judicial officers-As a result exorbitant
compensation
is
being
awarded
by
reference courts under S. 18 of L.A. Act
in
collusion
between
certain
http://www.allahabadhighcourt.nic.in
336 INDIAN LAW REPORTS ALLAHABAD SERIES [2004
unscrupulous
lawyers
and
certain
dishonest
judicial
officers
being
disrepute to entire judiciary in State of
U.P.-Appropriate directions issued to
Administrative
Committee,
which
appointed a committee of two Hon'ble
Judges to probe into such scandalous
practice.

Held- Paras 5 & 6

A scandalous practice is going on in the
District Courts of Western U.P. e.g.
Ghaziabad,
Bulandshahr,
Meerut,
Muzaffarnagar,
Moradabad,
Gautam
Budha
Nagar,
Agra,
Aligarh
etc.
obviously in collusion with some Judicial
Officers.
As
a
result
exorbitant
compensation is being awarded by the
Reference Courts under Section 18, and
this is usually done in collusion between
certain unscrupulous lawyers and certain
dishonest Judicial Officers, and this is
bringing disgrace to the entire judiciary
in the State of U.P.

We
directed
that
the
aforesaid
judgments and other similar judgments
be placed before the Administrative
Committee
of
the
High
Court.
Accordingly, the matter was placed
before the Administrative Committee in
its
meeting
on
12.3.2004
and
the
Administrative Committee constituted a
Committee under the Chairmanship of
Hon'ble Dr. Justice B.S. Chauhan with
Hon'ble Mr. Justice Ashok Bhushan as
member to probe into this scandalous
practice which is going in the District
Courts of Western U.P.
Case law discussed:
F.A. No. 247 of 1997 decided on 5.3.2004
F..A. No. 254 of 1997, decided on 3.3.2004
F.A. 251 of 1997 decided 3.3.04
F.A. No. 153 of 1997, decided on 3.3.2004

## Text

1 All] Moradabad Development Authority V. Hussain Bux and another 335
mere pasting on the notice board or
munadi (beat of drums) does not amount
to notice from the Collector under section
12. Hence it has to be held that the period
of limitation is six months from the date
of the Collector's award. It is well settled
that date of award means the date of the
knowledge of the award as held in the
aforementioned decisions.

8. In our opinion the mode of notice
by beat of drums (munadi) is totally out
dated in this modern age. If an award is
given it should be communicated by the
Collector as required by section 12 (2),
which states: -

"the Collector shall give immediate
notice of his award to such of the
persons interested as are not personally
present or by their representatives
when the award was made"

9. The obligation on the Collector is
not only to intimate the passing of the
award but to communicate the essential
contents of the award if not a copy of it
vide AIR 1995 Gujrat 170. This is
necessary to enable the tenure holder to
exercise his valuable right under section
18 within the time prescribed.

10. In our opinion the notice
alongwith the copy of the award must be
sent to the person concerned either by
Registered
A/D
post
or
personally
through some messenger or by courier,
and if service is not affected in that
manner then the notice with the essential
contents of the award should be published
in some well known newspaper having
wide publication.

11. In the present case in the counter
affidavit it has only been stated that the
award was published by pasting it in the
notice board of the office of the SLAO
and by beat of drums (munadi). In our
opinion this is not adequate and hence we
have to conclude that proper notice of the
award was not given to the petitioners,
and they came to know of the award only
on 3.6.96. The application under S. 18
was filed well within 6 months of that
date.

For the reasons given above this
petition is allowed. Impugned orders are
quashed. The Collector is directed to
make the reference to District Judge under
section 18 forthwith.
---------
APPELLATE JURISDICTION
CIVIL SIDE
DATED: ALLAHABAD: 15.3.2004

BEFORE
THE HON'BLE M. KATJU, J.
THE HON'BLE R.S. TRIPATHI, J.

First Appeal No. 135 of 1997

Moradabad Development Authority

...Appellant
Versus
Hussain Bux and others ...Respondents

Counsel for the Appellant:
Sri P.K. Singh
Sri A.K. Misra

Counsel for the Respondents:
Sri V.P. Rai

Constitution of India, Article 226-Land
Acquisition
Act-S.
18-Acquisition
of
land-Award
of
compensationScandalous practice going on in Western
U.P. districts in collusion with certain
judicial officers-As a result exorbitant
compensation
is
being
awarded
by
reference courts under S. 18 of L.A. Act
in
collusion
between
certain
http://www.allahabadhighcourt.nic.in
336 INDIAN LAW REPORTS ALLAHABAD SERIES [2004
unscrupulous
lawyers
and
certain
dishonest
judicial
officers
being
disrepute to entire judiciary in State of
U.P.-Appropriate directions issued to
Administrative
Committee,
which
appointed a committee of two Hon'ble
Judges to probe into such scandalous
practice.

Held- Paras 5 & 6

A scandalous practice is going on in the
District Courts of Western U.P. e.g.
Ghaziabad,
Bulandshahr,
Meerut,
Muzaffarnagar,
Moradabad,
Gautam
Budha
Nagar,
Agra,
Aligarh
etc.
obviously in collusion with some Judicial
Officers.
As
a
result
exorbitant
compensation is being awarded by the
Reference Courts under Section 18, and
this is usually done in collusion between
certain unscrupulous lawyers and certain
dishonest Judicial Officers, and this is
bringing disgrace to the entire judiciary
in the State of U.P.

We
directed
that
the
aforesaid
judgments and other similar judgments
be placed before the Administrative
Committee
of
the
High
Court.
Accordingly, the matter was placed
before the Administrative Committee in
its
meeting
on
12.3.2004
and
the
Administrative Committee constituted a
Committee under the Chairmanship of
Hon'ble Dr. Justice B.S. Chauhan with
Hon'ble Mr. Justice Ashok Bhushan as
member to probe into this scandalous
practice which is going in the District
Courts of Western U.P.
Case law discussed:
F.A. No. 247 of 1997 decided on 5.3.2004
F..A. No. 254 of 1997, decided on 3.3.2004
F.A. 251 of 1997 decided 3.3.04
F.A. No. 153 of 1997, decided on 3.3.2004

(Delivered by Hon'ble M. Katju, J.)

1. Heard learned counsel for the
parties.

This appeal has been filed against the
impugned judgment of the Court below
dated
24.12.1996
by
which
the
compensation at the rate Rs. 80/- sq.m.
granted by the S.L.A.O. has been
enhanced to Rs. 270 per Sq.m. by the
Court below.

2. This case is covered by the
division Bench judgments of this Court in
First
Appeal
No.
247
of
1997
(Moradabad Development Authority v.
Shami Ahmad) decided on 5.3.2004, and
in First Appeal Nos. 251 of 1997, 253 of
1997 and 254 of 1997 (Moradabad
Development Authority v. Chidda and
others;
Moradabad
Development
Authority
vs.
Gafar
and
others;
Moradabad Development Authority v.
Tofisan and others) decided on 3.3.2004.

3. Following the aforesaid decisions
this
appeal
is
allowed.
Impugned
judgment of the Court below is set-aside,
the award of the S.L.A.O. is restored.

4. In First Appeal No. 981 of 2002
(Agra Development Authority v. State of
U.P.) decided on 5.3.2004, we observed
that litigations are being purchased in
relation to land acquisition cases in
Western Districts of U.P. by certain
unscrupulous lawyers and/or others in
collusion with certain Judicial Officers
and this practice is bringing the entire
judiciary of the State into disrepute.

5. In First Appeal No. 247 of 1997,
Moradabad Development Authoroity v.
Shami Ahmad (Supra) we had observed
that a scandalous practice is going on in
the District Courts of Western U.P. e.g.
Ghaziabad,
Bulandshahr,
Meerut,
Muzaffarnagar,
Moradabad,
Gautam
Budha
Nagar,
Agra,
Aligarh
etc.
http://www.allahabadhighcourt.nic.in
1 All] Sri Ravi Narain Malviya and others V. The State of U.P. and others 337
obviously in collusion with some Judicial
Officers.
As
a
result
exorbitant
compensation is being awarded by the
Reference Courts under Section 18, and
this is usually done in collusion between
certain unscrupulous lawyers and certain
dishonest Judicial Officers, and this is
bringing disgrace to the entire judiciary in
the State of U.P.

6. We directed that the aforesaid
judgments and other similar judgments be
placed
before
the
Administrative
Committee
of
the
High
Court.
Accordingly, the matter was placed before
the Administrative Committee in its
meeting
on
12.3.2004
and
the
Administrative Committee constituted a
Committee under the Chairmanship of
Hon'ble Dr. Justice B.S. Chauhan with
Hon'ble Mr. Justice Ashok Bhushan as
member to probe into this scandalous
practice which is going in the District
Courts of Western U.P.

7. Let a copy of this judgment be
placed before Hon'ble Dr. Justice B.S.
Chauhan and Hon'ble Mr. Justice Ashok
Bhushan for considering the appropriate
action against the concerned Judicial
Officers in these matters. Serious and
strong action must be taken against those
involved in this nefarious practice which
is giving a bad to the entire judiciary of
Uttar Pradesh.
---------
ORIGINAL JURISDICTION
CIVIL SIDE
DATED: ALLAHABAD: 5.3.2004

BEFORE
THE HON'BLE A.K. YOG, J.
THE HON'BLE V.C. MISRA, J.

Civil Misc. Writ Petition No. 9400 of 1997

Sri Ravi Narain Malviya and others

 ...Petitioners
Versus
The State of U.P. and others

 ...Respondents

Counsel for the Petitioners:
Sri A.K. Goyal
Sri A. Kumar

Counsel for the Respondents:
Sri Anil Tiwari
Sri Vishnu Pratap
Sri A.K. Mishra
S.C.

Constitution
of
India,
Article
226Mandamus-
Land
acquisitioncompensation
award
in
favour
of
petitioners/tenure
holders/ownersPayment of compensation illegally to
society, which played fraud and mis
representation-only
for
recoveryinordinate
delay
in
filing
F.I.R.-
Directions
issued
to
initiate
departmental
inquiry
against
erring
officers-Directions also to D.M. to ensure
adequate
action
under
societies
Registration Act- apart from criminal
proceedings on basis of F.I.R. lodged
against officers of society who played
fraud- To ensure recovery of embezzled
amount-D.M. and S.S.P. directed to take
coercive measures including arrest.

Held- Para 21

In the above state of affairs, we deem it
appropriate
to
direct
the
District
Magistrate,
Allahabad,
and
Chief
Secretary, Government of U.P., Lucknow
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