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NON-REPORTABLE IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL NO. 95 OF 2017

[@ SPECIAL LEAVE PETITION (C) NO. 299 OF 2017] [@ SPECIAL LEAVE PETITION (C).....CC NO. 16639 OF 2016]

STATE OF U.P. AND ORS.                        Appellant(s)                                 VERSUS

ABDUL ALI AND ORS.                            Respondent(s) J U D G M E N T

KURIAN, J. 1. Delay condoned.  Leave granted.   2. The appellants are before this Court, aggrieved by the Judgment and order dated 03.08.2010 passed by the High Court of judicature at Allahabad, Lucknow Bench, in Writ Petition No. 38497 of 1993.   

3. The  respondents  approached  the  High  Court challenging  the  Notifications  dated  17.12.1992  and 16.06.1993 and the Award dated 09.08.1989, in so far as  it  related  to  part  of  Plot  No.9,  situated  in Village Imilia, Tehsil Maunath Bhanjan, District Mau, Uttar Pradesh, belonging to the respondents.   

4. It is not in dispute that the disputed property was not part of the Notification issued under Section 4(1)  of the  Land Acquisition  Act, 1894  (in short, "the Act") and naturally, not a part of Section 6

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declaration  as  well.   According  to  the  learned counsel for the appellants, the Award was announced on 09.08.1989, covering the entire area including the disputed  property.   Realizing  that  there  was  no Notification  in  respect  of  the  disputed  property issued  under  Section  4  and  Section  6  of  the  Act, corrigenda were issued on 17.12.1992 and 16.06.1993, including the disputed property under Section 4 and Section  6  Notification  and  Declaration  originally issued  on  16.03.1989  and  05.04.1989  respectively. According to the learned counsel for the appellants, the steps thus taken by them have cured the defective procedure adopted in the acquisition.   

5. We are afraid that the contentions raised by the appellants cannot be appreciated.  Once the Award is passed, there is no question of any correction in the Notification under Section 4(1) or Declaration under Section 6 of the Act.  The Act, under Section 13A provides for correction of clerical mistakes in the Award and that too only within six months.  There is no question of an Award being passed in respect of a property, for which there is no Notification under Section  4(1)  and  consequently,  Declaration  under Section 6 of the Act.  Thus, there is no merit in the appeal, which is, accordingly, dismissed.

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6. However,  we  make  it  clear  that  this  Judgment shall not stand in the way of the appellants, if so advised, in initiating acquisition proceedings afresh in  respect  of  the  disputed  property  in  accordance with law.

No costs.       .......................J.

             [ KURIAN JOSEPH ]  

.......................J.               [ A. M. KHANWILKAR]  

New Delhi; January 04, 2017.