# Pramod Sharma & Ors v. State of U.P. & Ors

- **Citation:** (2023) 7 ILRA 357
- **Court:** High Court of Judicature at Allahabad
- **Decided:** 2023-05-11
- **Case number:** Writ-C No. 6415 of 2023
- **Bench:** Mrs. Sunita Agarwal, Vikas Budhwar
- **Source:** https://unisonlegal.in/judgment/allahabad-high-court/pramod-sharma-ors-v-state-of-u-p-ors-50436
- **Pages:** 16

## Headnote

Civil Law - Land Acquisition Act, 1894 -
Sections 11(2), 18 & 28A - The Uttar
Pradesh Land Acquisition (Determination
of
Compensation
and
Declaration
of
Award by Agreement), 1997 Key Issues: 1.
358 INDIAN LAW REPORTS ALLAHABAD SERIES
Whether
petitioners
who
accepted
compensation under the Karar Niyamawali
without
protest
can
claim
enhanced
compensation determined by the reference
court for other claimants ? 2. Whether
merely being a "person interested" under
the
Act
is
sufficient
to
claim
redetermination
of
compensation
under
Section 28A ? Held: Petitioners, having
accepted the compensation without protest,
are not "aggrieved persons" within the
meaning of the Act and therefore cannot
claim enhanced compensation. Petitioners
who
received
compensation
without
objection fall outside the definition of
"aggrieved persons" under the Act. Entire
proceedings were completed before the
insertion of Section 28A into the Land
Acquisition Act, 1894. Being an "interested
person" does not automatically entitle a
landowner
to
redetermination
of
compensation;
they
must
also
be
"aggrieved."
Dismissed. (E-5)
List of Cases cited:

## Text

_Characters 0–39,823 of 52,970. This is a partial read: ask again with offset=39823 for what follows._

7 All. Pramod Sharma & Ors. Vs. State of U.P. & Ors.
357

(b) is suspected to be stolen or

(c) is the object of the crime
under investigation or

(d)
has
direct
link
with
commission of offence for which the Police
Officer is investigating

(v) So far as the procedure of
issuing instructions to freeze the bank
accounts, the Police Officer is required to
give an intimation of such freezing of
account to the concerned Magistrate.

(vi) Before issuing instructions to
bank for freezing the bank account there is
no requirement of issuing any prior notice
to the account holder before freezing of the
bank account.

(vii)
Under
Section
102
of
Cr.P.C. immovable property in its strict
sense
cannot
be
seized
though
the
documents of title relating to immovable
property can be seized. Power under
Section 102 would not include the power to
attach, seize and seal an immovable
property.

(viii) Once the investigation is
complete and Police report is submitted to the
Court concerned it is open for the person whose
account has been freezed during investigation,
to apply for defreezing of the bank account
before the concerned Magistrate in terms of
Section 102 (3) of Cr.P.C. and persuade the
Court concerned that the said bank account is
no more necessary for the purpose of
investigation. If such application is filed, the
Court concerned shall consider the request in
accordance with law, and after hearing the
investigation agency, may allow the application
and direct defreezing of such bank account.
While doing so, the Court concerned may
impose conditions as may be warranted in the
facts and situations of the case.

17. Since it is admitted case of the
parties that a charge sheet has already been
filed, therefore, we permit the petitioners to
move an application before the concerned
court for release of their bank account in
the light of the law laid down by Hon'ble
Supreme Court in the case of Teesta Atul
Setalvad (supra).

18. In the event such an application is
filed
by
the
petitioners
before
the
concerned Court/Magistrate, it shall be
decided by the concerned Court/Magistrate
in accordance with law, expeditiously,
preferably within two months from the date
of submission of the application.

19. The writ petition is disposed of
with the observations made above.
----------
(2023) 7 ILRA 357
ORIGINAL JURISDICTION
CIVIL SIDE
DATED: ALLAHABAD 11.05.2023

BEFORE

THE HON'BLE MRS. SUNITA AGARWAL, J.
THE HON'BLE VIKAS BUDHWAR, J.

Writ-C No. 6415 of 2023
And
Writ-C No. 3217 of 2023

Pramod Sharma & Ors. ...Petitioners
Versus
State of U.P. & Ors. ...Respondents

Counsel for the Petitioners:
Sri Anil Kumar Shukla, Sri Anuj Srivastava,
Sri Ramesh Kumar

Counsel for the Respondents:
C.S.C., Sri Mahesh Narain Singh, Sri Ravi
Prakash Pandey
Civil Law - Land Acquisition Act, 1894 -
Sections 11(2), 18 & 28A - The Uttar
Pradesh Land Acquisition (Determination
of
Compensation
and
Declaration
of
Award by Agreement), 1997 Key Issues: 1.
358 INDIAN LAW REPORTS ALLAHABAD SERIES
Whether
petitioners
who
accepted
compensation under the Karar Niyamawali
without
protest
can
claim
enhanced
compensation determined by the reference
court for other claimants ? 2. Whether
merely being a "person interested" under
the
Act
is
sufficient
to
claim
redetermination
of
compensation
under
Section 28A ? Held: Petitioners, having
accepted the compensation without protest,
are not "aggrieved persons" within the
meaning of the Act and therefore cannot
claim enhanced compensation. Petitioners
who
received
compensation
without
objection fall outside the definition of
"aggrieved persons" under the Act. Entire
proceedings were completed before the
insertion of Section 28A into the Land
Acquisition Act, 1894. Being an "interested
person" does not automatically entitle a
landowner
to
redetermination
of
compensation;
they
must
also
be
"aggrieved."
Dismissed. (E-5)
List of Cases cited:
1. Babua Ram & ors. Vs St. of U.P. (1995) 2
SCC 689
2.
Special
Land
Acquisition
Officer
Vs
Lakshmanbabu Gayakward & ors., judgment
dated 14.11.2006
3. Ranveer Singh Vs St. of U.P., AIR 2016 SC
3753
4. Ishwarilal Premchand Shah & ors. Vs. St. of
Guj. & ors., (1996) 4 SCC 174
5. Kainash Ram Kochar Vs St. of U.P. & ors.,
2011 (8) ADJ 9
(Delivered by Hon'ble Vikas Budhwar, J.)

1. Since common question of law is
involved in both the petitions, the same are
being decided by a composite order.

2. For the sake of clarity Writ-C
No.6415 of 2023 is being treated as a
leading petition.

3. The present petition under Article
226 of the Constitution of India was
presented on 28th February, 2023 and on
3.3.2023 this Court proceeded to pass the
following order:-

"The order of rejection of the
application under Section 28A filed by the
petitioner
herein
indicates
that
the
petitioners
have
accepted
the
award
prepared by the Collector under Section
11(2) of the Land Acquisition Act. The
issue, therefore, is as to whether after
accepting compensation under the Karar
Niyamawali, the petitioners can claim
higher compensation determined under the
reference court award, filed by such
persons who did not accept the award.

Learned
counsel
for
the
petitioners prays for and is granted
adjournment for the day to enable him to
go through the matter to make his
submission.

As prayed, put up this matter as
fresh on 20.03.2023."

4. Thereafter the matter was taken on
21.4.2023 wherein this Court passed an
order which is extracted as below:-

"Case is called out. No one
appears on behalf of the petitioners to press
the case.

Sri
Apurva
Hajela,
learned
Standing Counsel appears for the Staterespondents.

Put up this case in the additional
cause list on 27.04.2023 at 02:00PM."

5. Today when the matter has been
taken up, nobody appears either in the
7 All. Pramod Sharma & Ors. Vs. State of U.P. & Ors.
359
leading writ petition or in the connected
writ petition, despite that on earlier
occasion also the learned counsel for the
writ petitioners were not present. Since
both the cases are connected together and
were directed to be placed on 27.4.2023 as
a date fixed matter at 2.00 p.m. nobody
appeared for the petitioners thus after
hearing Sri Apoorv Hajela learned Standing
Counsel for the State-respondents and Sri
M.N. Singh, who appears for the third
respondent,
Ghaziabad
Development
Authority,
Ghaziabad,
the
court
is
proceeding to decide the matters.

6. The case of the writ petitioners in
the leading writ petition is that, they claim
to be the recorded owners of certain piece
of land situate in Tehsil Loni, Pargana and
District Ghaziabad. As per the pleadings,
acquisition proceedings were initiated by
the State of U.P. under the provisions of the
Land Acquisition Act, 1894 (In Short the
Act, 1894) for public purpose. The
notification purported to be under Section
4(I) of the Act, 1894 was issued on
9.2.1962. Possession of the acquired land
was taken on 26.5.1963, the award was
made on 1.2.1964 for 236.7735 acres of
land
and
a
total
compensation
of
Rs.7,35,707.24 was awarded.

7. It is the case of the writ petitioners
that the compensation was initially awarded
@ Rs.1.92 per square yard for the first belt,
Rs.0.96 per square yard for the second belt
and 0.48 per sq. yard for third belt which
was found to be inadequate, so references
were made under Section 18 of the Act,
1894 before the District Judge, Ghaziabad
by various claimants.

8. It is further the case of the writ
petitioners, that they did not prefer any
objection under Section 18 of the Act, 1894.
The objections of the land owners (not the
writ petitioners) were registered as LAR
No.172 of 1989 which was connected with
other land acquisition references and by
virtue of the order dated 10.4.1992 passed in
LAR No.172 of 1989 and LAR No.18 of
1989, the reference court enhanced the
compensation to the tune of Rs.40 per square
yard, the claimants were also made entitled to
additional amount calculated at the rate of
12% per annum from the date of the
acquisition under Section 4(I) of the Act,
1894 i.e. 9.2.1962 to the date of taking
possession on 26.5.1993, solatium at the rate
30% on the market value of the land sought
to be acquired while further entitling the
claimants to get interest at @ 9% per annum
w.e.f. the date of taking of possession and @
15% per annum w.e.f. 26.5.1964 till the date
of the payment made within a period of six
weeks, from the passing of the award in
question.

9. In paragraph 8 of the writ petition the
writ petitioners have come up with stand that
they preferred an application under Section
28A of the Act, 1894 for redetermination of
the amount of compensation on the basis of
the award of the reference court. It is further
the case of the writ petitioners that against the
order of the reference court dated 10.4.1992
the
third
respondent,
Ghaziabad
Development Authority, Ghaziabad preferred
Appeals under Section 54 of the Act, 1894
before this Court which was registered as
First Appeal No.525 of 1992, Ghaziabad
Development Authority vs. Ram Krishna
(Dead) and the land owners also filed appeal
for enhancement of compensation which
came to be dismissed by Division Bench of
this Court on 1.12.2014,

10. Aggrieved, against judgement and
order dated 1.12.2014 passed in First
Appeal
No.525
of
1992,
Ghaziabad
360 INDIAN LAW REPORTS ALLAHABAD SERIES
Development Authority vs. Ram Krishna
(Dead) along with the connected appeals,
the
third
respondent,
Ghaziabad
Development Authority approached the
Hon'ble Apex Court while filding Civil
Appeal No.1710 of 2016, Ghaziabad
Development Authority vs. Ram Krishna
(Dead) and others which along with the
connected appeals came to be decided by
virtue of the judgement and order dated
23rd
February,
2016
determining
compensation @ Rs.42.50 per sq. Yard.

11. However, on 2.5.2022 the second
respondent,
Collector/
(ADM)
LA,
Ghaziabad
proceeded
to
reject
the
application preferred by the writ petitioners
under Section 28A of the Act, 1894.

12. Questioning the said order, the
writ petitioners have filed the present writ
petition inter alia with the following
reliefs:-

"I. Issue a writ of certiorari for
quashing of the impugned order dated
02.05.2022 passed by the respondent no. 2
upon Application No. 67 of 1992 preferred
under Section 28A of the Land Acquisition
Act, 1894 (Annexure No. 2 to this Writ
Petition).

II. Issue a writ order or direction
in the nature of mandamus directing the
respondents
to
re-determine
the
compensation in the light of judgment and
order passed by this Hon'ble Court in First
Appeal No. 525 of 1992 and the judgment
and order passed by Hon'ble Apex Court in
Civil Appeal No. 1710 of 2016, (GDA Vs.
Ram Kishan and others).

III. Issue a writ, order or
direction, which this Hon'ble Court may
deem fit and proper under the facts and
circumstances of the case.

IV. Award the cost of the writ
petition to the petitioner."

13. Pleadings in the writ petition
reveals that the principal ground of
challenge made to the order dated 2.5.2022
of the second respondent, Collector/A.D.M.
(L.A.) Ghaziabad in the proceedings
purported to be under Section 28 of the
Act, 1894 is on the premise that once the
land of the writ petitioners was put to
acquisition
by
the
same
notification
whereupon the land of the claimants who
had preferred application under Section 18
of the Act, 1894 culminated into grant of
enhanced compensation, then the writ
petitioners being similarly situated are
entitled to get enhance compensation in
view of the provisions of Section 28A of
the Act, 1894.

14. It has also been averred in the writ
petition that Section 28A of the Act, 1894
is a beneficial section which enjoins the
court to redetermine the amount of
compensation on the basis of the award of
the court and it is not dependent upon the
fact as to whether the land owner has
accepted compensation either under protest
or without protest. What is material for
attracting the said provision is that the land
which is put to acquisition should be
relatable to the same notification which on
the motion of the other land owners while
seeking reference under Section 18 of the
Act, 1894 were made entitled to higher
compensation.

15. Sri Apoorv Hajela learned
Standing Counsel, who appears for the
State-respondents on the other submits that
the order passed by the second respondent,
Collector/ADM (LA) Ghaziabad does not
suffer from any illegality particularly in
view of the fact that once as per the own
7 All. Pramod Sharma & Ors. Vs. State of U.P. & Ors.
361
saying of the writ petitioners, they have
accepted the compensation under Section
11(2) of the Act without any protest in
terms of an agreement (Karar Niyamawali)
then they have acquiesced to the quantum
and determination of the compensation, and
would not come within the definition of
aggrieved persons so as to claim benefit
under Section 28A of the Act, 1894.

16. Reliance has also been placed
upon the judgement in the case of Babua
Ram and others vs. State of U.P. &
another reported in (1995) 2 SCC 689,
followed by a Division Bench Judgement
of the Karnataka High Court in the case of
the Special Land Acquisition Officer vs.
Lakshmanbabu Gayakward and others
decided on 14th November, 2006, Ranveer
Singh vs. State of U.P. reported in AIR
2016 Supreme Court 3753, Ishwarilal
Premchand Shah and others vs. State of
Gujarat and others reported in (1996) 4
SCC 174, and Kainash Ram Kochar vs.
State of U.P. and others reported in 2011
(8) ADJ 9, Writ-C 16574 of 2017
Prakash vs. State of U.P. decided on
20.4.2023.

17. Before delving into the issues
raised in the writ petition, it would be
appropriate to notice the relevant statutory
provisions of the Land Acquisition Act,
1894 which are germane to the issue in
question:-

3(b)
the
expression
"person
interested" included all persons claiming an
interest in compensation to be made on
account of the acquisition of land under this
Act; and a person shall be deemed to be
interested in land if he is interested in an
easement affecting the land.

11.
Enquiry
and
award
by
Collector.-[(1)] On the day so fixed, or any
other day to which the enquiry has been
adjourned, the Collector shall proceed to
enquire into the objections (if any) which
any person interested has stated pursuant to
a notice given under section 9 to the
measurements made under section 8, and
into the value of the land 1[at the date of the
publication of the notification under section
4, sub-section (1)], and into the respective
interests of the persons claiming the
compensation and shall make an award
under his of-

(i) the true area of the land;

(ii) the compensation which in his
opinion should be allowed for the land; and

(iii) the apportionment of the said
compensation among all the persons known
or believed to be interested in the land, of
whom, or of whose claims, he has
information, whether or not they have
respectively appeared before him:

Provided that no award shall be
made by the Collector under this sub
section without the previous approval of
the appropriate Government or of such
officer as the appropriate Government may
authorise in this behalf:

Provided further that it shall be
competent for the appropriate Government
to direct that the Collector may make such
award without such approval in such class
of cases as the appropriate Government
may specify in this behalf.

(2)
Notwithstanding
anything
contained in sub-section (1), if at any stage
of the proceedings, the Collector is satisfied
that all the persons interested in the land
who appeared before him have agreed in
writing on the matters to be included in the
award of the Collector in the form
prescribed by rules made by the appropriate
Government, he may, without making
further enquiry, make an award according
to the terms of such agreement.
362 INDIAN LAW REPORTS ALLAHABAD SERIES

(3)
The
determination
of
compensation for any land under subsection (2) shall not in any way affect the
determination of compensation in respect
of other lands in the same locality or
elsewhere in accordance with the other
provisions of this Act.]

(4)
Notwithstanding
anything
contained in the Registration Act, 1908 (16
of 1908), no agreement made under subsection (2) shall be liable to registration
under that Act.]

18. Reference to Court.-(1) Any
person interested who has not accepted the
award may, by written application to the
Collector, require that the matter be
referred
by
the
Collector
for
the
determination of the Court, whether his
objection be to the measurement of the
land, the amount of the compensation, the
persons to whom it is payable, or the
apportionment of the compensation among
the persons interested.

(2) The application shall state the
grounds on which objection to the award is
taken:
Provided that every such application shall
be made,-

(a) if the person making it was
present or represented before the Collector
at the time when he made his award, within
six weeks from the date of the Collector's
award;

(b) in other cases, within six
weeks of the receipt of the notice from the
Collector under section 12, sub-section (2),
or within six months from the date of the
Collector's award, whichever period shall
first expire.

28A. Re-determination of the
amount of compensation on the basis of the
award of the Court.-(1) Where in an
award under this Part, the Court allows to
the applicant any amount of compensation
in excess of the amount awarded by the
Collector under section 11, the persons
interested in all the other land covered by
the same notification under section 4, subsection (1) and who are also aggrieved by
the
award
of
the
Collector
may,
notwithstanding that they had not made an
application the Collector under section 18,
by written application to the Collector
within three months from the date of the
award of the Court require that the amount
of compensation payable to them may be
re-determined on the basis of the amount of
compensation awarded by the Court:

Provided that in computing the
period of three months within which an
application to the Collector shall be made
under this sub-section, the day on which
the award was pronounced and the time
requisite for obtaining a copy of the award
shall be excluded.

(2) The Collector shall, on receipt
of an application under sub-section (1),
conduct an inquiry after giving notice to all
the persons interested and giving them a
reasonable opportunity of being heard, and
make an award determining the amount of
compensation payable to the applicants.

(3) Any person who has not
accepted the award under sub-section (2)
may,
by
written
application
to
the
Collector, require that the matter be
referred
by
the
Collector
for
the
determination of the Court and the
provisions of sections 18 to 28 shall, so far
as may be, apply to such reference as they
apply to a reference under section 18.]
The Uttar Pradesh Land Acquisition
(Determination of Compensation and
Declaration of Award By Agreement),
1997

A
short
title,
extent
and
commencement.-(1) These rules may called
the
Uttar
Pradesh
Land
Acquisition
(Determination
of
impensation
and
7 All. Pramod Sharma & Ors. Vs. State of U.P. & Ors.
363
Declaration of Award by Agreement)
Rules, 1997

(2) They shall extend to the
whole of the Uttar Pradesh.

(3) They shall come into force
with effect from the date of their iblication
in the Gazette.

2. The body or Department for
which the land if being acquired may, any
stage of the proceedings settle down the
terms and conditions and tes of the land
under acquisition, with the land owners and
appear fore the Collectors and make an
application
indicating
the
terms
and
inditions so settled down and its readiness
and
willingness
for
stermination
of
compensation and declaration of award in
accordance ith agreement. The Collector
shall, if satisfied, issue notice to the arsons
interested in the land under acquisition to
express their jadiness and willingness to
execute the agreement in writing, on the
atters to be included in the award.

3. The Collector may, after
hearing the parties, and upon being itisfied
that the persons interested in the land are
ready and willing to kecute the agreement,
grant the permission unless, for reasons to
be corded in writing he decides to refuse it.

4. (1) The Collector shall, where
he grants the permission inform the ersons
interested in the land by registered post,
about date, time and lace for the execution
of the agreement.

(2) The agreement shall be
executed in the form appended to these
ules, with necessary details as to whether
possession has, or has not, een taken before
the award.

(3) If the persons so informed fail
to turn up and execute the greement on
such date, time and place or the extended
date, as the case ay be, the Collector shall
proceed to make enquiry under Section 11
rom the stage, at which the application
under Rule 2 was made.

5. The amount of compensation
to be settled in the agreement shall, lways
abide by the instructions issued by the State
Government of Uttar radesh from time to
time.

6. (1) When an agreement is
discovered to have been fraudulently
executed, the Collector shall, suo motu, or
an application made in that behalf, cancel
the agreement after affording a reasonable
opportunity of being heard to the persons
who have executed the agreement.

(2) In case of cancellation of the
agreement under sub-rule (1) the executants
shall
have
no
right
to
claim
any
compensation or damages from the State
Government.

FORM OF AGREEMENT
[See Rule 4 (2)]

Agreement to be executed when
land is acquired for public purposes by
interested and the acquiring body.

This
agreement
made
this
..............day of..........corresponding to
saka samvat the ..................day of
20..............between
(1)
...............(2)............... etc. hereinafter
called the owner/owners (which expression
shall unless repugnant to the context or
meaning thereof excludes his/their heirs,
executors
and
administrators)
and
(1)..................................................
...........(2).........................etc.........
............hereinafter called the interested
party/parties', which expression shall unless
repugnant to the context or meaning thereof
includes his/their successors and assignees
(to be scored out if there is no interested
party) of the one part and the Governor of
Uttar
Pradesh
acting
through........................
hereinafter
called the 'Government' of the other part;
364 INDIAN LAW REPORTS ALLAHABAD SERIES

And whereas the right, title and
interest of the owner/owners and the
interested party/parties in the following
land/lands hereinafter called the said
land/lands, is/are as specified below :

(a) ........

(b) ........

Now,
therefore,
the
owner/owners
and/or
interested
party/parties does/do hereby agrees/agree
with the Government as follows:

(1) .......

(2) ........

(3) that the owner/owners and
interested party/parties shall not claim any
amount in addition to the amount agreed
upon as aforesaid as compensation and
accept it without any protest:

(4) if hereafter or after the
payment of compensation as per the award
it transpires that the owner/owners and/or
the interested party/parties is/are not
entitled at all or is/are not exclusively
entitled
to
the
entire
amount
of
compensation
awarded
by
the
Land
Acquisition Officer.................... in the
term of this agreement in respect of the said
land/lands as mentioned at the end, and the
Government is required to pay any
compensation to any other person, the
owner/owners
and
the
interested
party/parties shall on demand refund to the
Government the entire amount of money
received by him/them or such amount as
may
be
determined
by
the
Land
Acquisition
Officer.....................as
refundable by him/them and against all
proceedings and abilities of any loss or
damage suffered or any costs, charges or
expenses incurred by Government by
reason of the payment to him/them and the
owner/owners
and
the
interested
party/parties shall pay the interest at the
rate of 9% on the amount so refundable for
the first year and at the rate of 15% for the
subsequent years;

5) .....

6) ........

7) ...........

8) .......

18. It is the own case of the writ
petitioners, that the acquisition proceeding
of the land of the writ petitioners was
undertaken under the provisions of the Act,
1894 while issuing the notification under
Section 4(1) of the Act, on 9.2.1962, the
possession of the land was taken on
26.5.1963 and award was made on
1.2.1964. The order impugned under
Section 28A of the Act, 1894 of the second
respondent itself records a categorical
finding that the ancestors of the writ
petitioners have themselves accepted the
award in pursuance of an agreement (Karan
Niyamawali)
executed
with
the
respondents.

19. The only question which arises for
determination is as to whether the writ
petitioners
can
claim
enhanced
compensation on the premise that the other
co-land owners pursuant to the order of the
court
of
law
were
paid
higher
compensation.

20. Section 11 of the Act, 1894 is in
two parts. The first part referable to SubSection (1) envisages the procedure to be
adopted while taking recourse for passing
award after making necessary inquiries by
the Collector in view of the different
parameters to be arrived for awarding
compensation. The second part being,
Section 11(2) pertains to the inquiry and
award by the Collector, pre-supposes a
contingency
wherein
notwithstanding
anything contained in the first part in any
stage of the proceedings, the Collector is
7 All. Pramod Sharma & Ors. Vs. State of U.P. & Ors.
365
satisfied that all the persons interested in
the land who had appeared before it have
agreed in writing on the matter to be
included in the award of the Collector in
the form prescribed by the Rules made by
the appropriate authority, the Collector is
empowered to make further inquiry and
proceed to declare an award according to
the terms of the agreement.

21. As a matter of fact Sub-Section
(2) of Section 11 of the Act, 1894 is
dependent upon the offer made by the
Collector and the acceptance of the said
offer by the land owner upon the terms of
the award which also includes the amount
of compensation to be paid to the land
owner.

22. Further Section 18 of the Act,
1894 contemplates reference to the Court at
the instance of a person who is interested
and who has not accepted the award while
filing a written application to the Collector
requiring the matter to be referred by the
Collector for the determination of the Court
with regard to the amount of compensation
to the persons, whom it is payable or the
apportionment of the compensation amount
to the interested persons.

23. Then comes Section 28A of the
Act,
1894
which
deals
with
redetermination
of
the
amount
of
compensation on the basis of the award of
the court.

24. Section 28A of the Act, 1894
provides that pursuant to the declaration of
an award, the Court allows to an applicant
an amount of compensation in excess of the
amount awarded by the Collector under
Section 11 of the Act, 1894, the persons
interested in all the other land covered by
the same notification under Section 4(1) of
the Act, 1894 and who are also aggrieved
by the award may notwithstanding that they
had not made an application to the
Collector under Section 18 of the Act, 1894
by written application to the Collector
within three months from the date of the
award of the Collector, require that the
amount of compensation payable to them
may be redetermined on the basis of the
amount of compensation awarded by the
court.

25. The words employed "aggrieved"
in Section 28A of the Act, 1894 clinches
the
entire
issue.
Though
the
word
"aggrieved" has not been defined in the
Act,
1894,
but
the
definitions
of
"aggrieved" is to be borrowed from the
various dictionaries which are often cited.

26. A conjoint reading of Section
11(2), Section 18 and 28A of the Act, 1894
shows that the word aggrieved is to be read
in-conformity
and
conjunction
with
compensation.
Section
11(2)
is
an
exception and it starts with the word
"notwithstanding"
having
overridding
effect.

27. The legislature was quiet
conscious
and
oblivious
of
the
contingencies which might arise when a
section of land owners did not intend to
enter
into
long
drawn
legal
battle
challenging the award with respect to the
acquisition proceedings as well as the
amount of compensation being awarded to
them and in turn wanted to settle the
compensation in lieu of the land acquired
thus
these
circumstances
occasioned
insertion of Sub-Section (2) in the Section
11 of the Act, 1894.

28. As already discussed, Sub-Section
(2) of Section 11 of the Act, 1894 starts
366 INDIAN LAW REPORTS ALLAHABAD SERIES
with the word "notwithstanding anything
contained in Sub-Section (1)" meaning
thereby that it has a overriding effect so as
to give a window to the land owners whose
land is being acquired to enter into
negotiation by mode of agreement settling
their issues with regard to compensation.
The agreement envisaged under Section
11(2) (Karar Niyamawali) has a statutory
backing from Section 11(2) of the 1894
Act. Notably the said agreement also
confirms to the provisions of the Contract
Act, 1872 and thus the principles enshrined
for making it a concluded contract stands
applied, namely, floating of an offer by one
party and the acceptance of the same by the
second party.

29. Nonetheless, post independence in
exercise of the powers conferred by SubSection (1) of Section 55 of the Act 1894, the
Governor was pleased to frame the Uttar
Pradesh Land Acquisition (Determination of
Compensation and Declaration of Award By
Agreement), 1997 which contained a specific
stipulation, that the amount of compensation
accepted by the land owner through consent
and agreement would be final and it would be
without protest.

30. Though the word "aggrieved" has
not been defined in the Act, 1894 but the word
"person interested" has been defined under
Sub-Clause (b) of Section 3 of the Act, 1894.

31. As per the definition assigned to
"person interested" it includes all persons
claiming an interest in compensation to be
made on account of acquisition of the land
under the Act and a person shall be deemed to
be interested in land if he is interested in
easement affecting the land.

32. The words "person interested"
finds place in Sub-Section (1) and (2) of
Section 11 and Section 18. However, in
Section 28A of the Act, 1894 besides the
word "persons interested" the words
"aggrieved" are employed. The words
"person interested" in all other land and
"aggrieved" by the award of the Collector
are crucial and they are to govern the
controversy at hand. Merely being an
interested person would not ipso facto cloth
the land owner for redetermination of the
compensation as along with it he should be
"aggrieved" also. The basic purpose of
insertion of both the words "interested
person" as well as aggrieved is relatable to
the fact that a person may be interested but
in order to be aggrieved party it should
sustain a legal injury for putting the legal
action in motion. Since the writ petitioners
belong to a section who have received the
compensation without protest thus they
might be an interested person but they do
not come within the definition of aggrieved
persons.

33. The word 'aggrieved' employed
in Section 28 of the Act, 1894 has been
considered in detail by the Hon'ble
Supreme Court in the case of Babua Ram
and othrs (Supra) wherein following has
been observed as under:

16. In Krapa Rangiah v. Special
Dy. Collector, Land Acquisition11 this
Court observed that in an acquisition
proceedings, lands situated in the same
locality and in the neighbouring locality
when
are
possessed
of
the
same
comparable advantages, the owners of the
former lands are entitled to the same rate of
compensation as the owners of other lands
as determined by the judgment of the High
Court which had become final as otherwise,
it would be inequitable and discriminatory.
In other words, the owners of the lands
possessing the same kind and same quality
7 All. Pramod Sharma & Ors. Vs. State of U.P. & Ors.
367
etc. are entitled to parity in payment of
compensation for their lands. Section 28A(1) is intended to 9 overcome the hurdle
created by Section 18(1) and 2nd proviso to
Section 31(2) in the matter of obtaining
equal compensation for similar acquired
lands. Equal compensation for similar
acquired lands could be got by all the
interested persons, if their lands are
acquired under the same notification. In
other words, if an owner fails to avail of the
right and remedy under Section 18(1),
Section 28-A(1) grants an extra right and
remedy
for
redetermination
of
the
compensation payable to him for his land
on the basis of an award of the court giving
to an owner of another land covered by the
same notification under Section 4(1) and
under the same award. The payment of
higher compensation to his neighbouring
landowner makes an applicant an aggrieved
person to claim redetermination of the
compensation payable to him for his land.
The person aggrieved, therefore, in this
context, would mean a person who had
suffered legal injury or one who has been
unjustly deprived or denied of something,
which he would be interested to obtain in
the usual course or similar benefits or
advantage or results in wrongful affectation
of his title to compensation.

(17.
In
Collin's
English
Dictionary, the word 'aggrieved' has been
defined to mean "to ensure unjustly
especially by infringing a person's legal
rights".
In
Webster's
Comprehensive
Dictionary, International Edition at page
28, aggrieved person is defined to mean
"subjected to ill-treatment, feeling an injury
or injustice. Injured, as by legal decision
adversely infringing upon one's rights". In
Stroud's Judicial Dictionary, 5th Edn., Vol.
1, pages 83-84, person aggrieved means
"person injured or damaged in a legal
sense". In Black's Law Dictionary, 6th Edn.
at page 65, aggrieved has been defined to
mean "having suffered loss or injury;
damnified; injured" and aggrieved person
has been defined to mean:

"One whose legal right is invaded
by an act complained of, or whose
pecuniary interest is directly and adversely
affected by a decree or judgment. One
whose right of property may be established
or divested. The word 'aggrieved' refers to a
substantial grievance, a denial of some
personal, pecuniary or property right, or the
imposition upon a party of a burden or
obligation."

18. The person aggrieved must,
therefore, be one who has suffered a legal
grievance
because
of
a
decision
pronounced by civil court giving higher
compensation for the acquired lands similar
to his own while he is denied of such
higher compensation for his land because
of operation of Section 18 read with
Section 31 of the Act resulting in
affectation of his pecuniary interest in his
acquired land directly and adversely by that
award of the Collector made under Section
11. As such he becomes an aggrieved
person entitled to avail of the right and
remedy conferred upon him under Section
28-A(1) to make good his denied right to
receive compensation in excess of the
amount awarded by the Collector/LAO.
Acceptance of the contention of Shri G.L.
Sanghi, learned Senior Counsel and his
companions, that persons who under
protest received payment of compensation
for their lands but failed to avail of the right
and remedy under Section 18 waiting in the
wings for success of the landowners of the
adjoining lands to get higher compensation
under Section 28-A(1) as person aggrieved
robs the poor and inarticulate who by
reason of their poverty or ignorance failed
to avail of the right and remedy under
Section 18, and creates not only invidious
368 INDIAN LAW REPORTS ALLAHABAD SERIES
discrimination between same class of
persons similarly situated but would be
highly unjust and arbitrary offending
Article 14 of the Constitution, apart from
flying in the face of express animation of
the statute as espoused in its Statement of
Objects and Reasons and the Financial
Memorandum. In this a context, we make it
clear that we have looked into Statement of
Objects and Reasons and the Financial
Memorandum to know what is it that
induced the introduction of the Bill but not
as an aid to interpret Section 28-A(1).
Therefore, we have no hesitation to hold
that any interested person in the land
acquired under the same notification
published under Section 4(1) who failed to
avail the right and remedy under Section
18(1) read with second b proviso to Section
31(2), becomes a person aggrieved under
Section 28-A(1) of the Act when the owner
of the other land covered by the same
notification
is
awarded
higher
compensation by the civil court on a
reference got made by him under Section
18.

19. The next question is as to
when the period of limitation of three
months begins to run under Section 28-A
and whether successive awards c made by
civil court at different times in respect of
the land covered by the same notification
furnish separate causes of action for
making applications under Section 28-A.
Let us consider the meaning of the words
"an award under this part" referred to in
Section 28-A(1) which is Part III of the
Act. The heading to that part begins by
reference to court and its procedure. The
'court' means a principal civil court of
original jurisdiction or a special d judicial
officer appointed to perform the functions
of the court under the Act as becomes clear
as is noticed already. What are the matters
to be considered in determining the
compensation on a reference made to it
under Section 18, is detailed in Section 23
while
matters
to
be
neglected
in
determining
such
compensation
are
indicated in Section 24. By operation of
sub-section (2) of Section 26, the award
made
determining
the
amount
of
compensation shall be deemed to be a
decree while the statement of the grounds
of every such award is deemed to be the
judgment, for the purpose of Code of Civil
Procedure. The above perspectives from
Part III make it clear that the award of the
court is that of the civil court of original
jurisdiction in that part. It is a decree for
the purpose of an appeal under Section 54
which falls in Part VIII of the Act
(Miscellaneous). The decree as defined in
Section 2(2) CPC is the f decree of the
High Court, which shall be appealable to
the Supreme Court under Articles 132, 133
and 136 read with Order 45 CPC. Hence,
the award of the court referred to in subsection (1) of Section 28-A is only the
award of the civil court of original
jurisdiction
or
of
judicial
officer
performing the functions of such court
under the Act on reference received by it
under Section 18 and an award and decree
pronounced under Section 26 of the Act.

Since, the judgment and decree of
the High Court under Section 54 or of this
Court do not come in Part III of the Act,
they stand excluded from an award
envisaged under sub-section (1) of Section
28-A. The aggrieved interested person,
therefore, is entitled to the right and
remedy of making an application under
Section
28-A
for
redetermination
of
compensation for his acquired land only on
the basis of the award of the civil court or
judicial h officer which is a judgment and
decree under Section 26 when such award
grants compensation in excess of the
amount awarded by the Collector under
7 All. Pramod Sharma & Ors. Vs. State of U.P. & Ors.
369
Section 11.