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PETITIONER: RAMESH CHANDRA TIWARI & ANR.

       Vs.

RESPONDENT: U.P. AVAS EVEN VIKAS PARISHAD,LUCKN & ORS.

DATE OF JUDGMENT:       08/01/1996

BENCH: SINGH N.P. (J) BENCH: SINGH N.P. (J) AHMADI A.M. (CJ) JEEVAN REDDY, B.P. (J)

CITATION:  1996 SCC  (1) 718        JT 1996 (1)   111  1996 SCALE  (1)142

ACT:

HEADNOTE:

JUDGMENT:                          O R D E R      Leave granted.      The controversy raised in this case is squarely covered by the  judgment of  this Court in Gauri Shankar Gaur & Ors. v. State of U.P. & Ors. [(1994) 1 SCC 92] wherein this Court had held  that the  provision  of  Section  6  of  the  Land Acquisition Act,  1894 had no application to the acquisition initiated under  U.P. Awas  Evam Vikas  Parishad  Adhiniyam, 1965 and  the procedure prescribed in Sections 28 and 32, as modified by  operation of Section 55 read with para 2 of the Schedule  would   be  applicable.   Consequently,  the  Land Acquisition [Amendment]  Act 68  of 1984 had no application. The above  view was  reiterated by  this Court  in U.P. Avas Evam Vikas  Parishad, Lucknow  v. Lata Awasthi [(1995) 3 SCC 573]. Consequently, the notification issued under Section 28 and declaration  made under  Section 38 of the Adhiniyam are valid in  law. The  procedure prescribed under the Adhiniyam should prevail.  The Amendment Act 68 of 1984 does not apply to the  acquisition under the Adhiniyam. However, in view of the judgment  in Gauri Shankar’s case [supra], the claimants would  be  entitled  to  the  compensation  determined  with reference to the date of declaration under Section 32 of the Act for the reasons mentioned therein.      The appeal is accordingly disposed of.