M/S Indian Farmers Fertilizer ... vs Collector, Allahabad & Another
2014 Latest Caselaw 7328 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 32
 

 
Case :- WRIT - C No. - 53872 of 2000
 

 
Petitioner :- M/S Indian Farmers Fertilizer Co-Operative
 
Respondent :- Collector, Allahabad & Another
 
Counsel for Petitioner :- R.P.Singh,M.S. Srivastava,Murlidhar,Vinay Khare
 
Counsel for Respondent :- C.S.C.
 

 
Hon'ble Rajes Kumar,J.

Hon'ble Shashi Kant,J.

It appears that by the Notification dated 11.2.1975 issued in exercise of power under Section 117 of the U.P. Zamindari Abolition & Land Reforms Act, the State Government has resumed certain land and the same has been provided to the petitioner on a stipulated rate mentioned in the Government Notification No. U.O. 43(3)/Rajashav -1/75.

The contention of the petitioner is that for the first time, the amount of compensation has been quantified and a demand has been raised by the District Magistrate, Allahabad vide letter/order dated 23.4.1997 raising the demand of Rs.3,55,176.70p. and in pursuance thereof, the petitioner immediately deposited the aforesaid amount on 26.4.1997. No demand has been raised between 1975 to 24.4.1997. There is no provision under the U.P. Zamindari Abolition & Land Reforms Act which provides the period for the deposit of the amount of compensation in pursuance of the notification and, therefore, the demand of interest is wholly unjustified. It is further submitted that the demand of interest has been raised applying the provisions of Land Acquisition Act, which does not apply in the present case.

Sri Pankaj Rai, learned Additional Chief Standing Counsel submitted that he may be allowed a week's time to file  the supplementary affidavit to point out whether the amount of compensation has been quantified and any demand has been raised prior to 24.4.1997.

List on 16.10.2014 on the top of the list.

Order Date :- 8.10.2014

OP