' This judgment shall dispose of W.Ps. Nos, 5762, 5763, 5764 and 5765 of 1992 which arise under the similar circumstances and involve the same questions.
2. The dispute arises out of proceedings for compulsory acquisition of land belonging to the petitioners which was required for the purpose of passing a pipeline for gasoline oil.
3. This dispute had earlier come to this Court in the form of W.P. No,4980 of 1990 in which the petitioners had challenged the validity of acquisition proceedings. On 12-4-1992, it was agreed between the parties that the respondents shall pay compensation to the petitioners according to the market value of the land in question as prevalent on 10th July, 1990. In pursuance to that order, the matter was taken in hand by the Land Acquisition Collector who vide his order dated 1-6-1992 fixed the market value at Rs,76,480 per acre. Aggrieved by that order, the petitioners have filed these petitions.
4. Learned counsel for the petitioners has raised the following contentions:--
(i) That the Land Acquisitition Collector has misconstrued the order passed by this Court in W.P. No, 4980 of 1990 and has erred in holding that the sale in question should be construed as having been privately and mutually made between the parties and the case of the petitioners falls under paras.
32 and 33 of the Standing Order No, 28 which deals with lands acquired through private negotiation; that the determination of the market value Rs,76,480 per acre is arbitrary and is based on no evidence. It is also pointed out by the learned counsel that the Land Acquisition Collector while determining the market value, had failed to take into consideration the relevant factors enumerated in section 23 of the Land Acquisition Act, 1890 and the relevant rules.
5. Mr. Maqbool Elahi Malik, learned Advocate-General who has appeared for the respondents, has been heard in reply.
6. It is clear from the reading of the impugned order that it is based on misconstruction and misinterpretation of orders passed by this Court in W.P. No, 4980 of 1990, and other matters on 12th April, 1992. In those petitions, the petitioners had challenged the validity of the acquisition on various grounds. However, during the course of hearing on 12-4-1992, they gave up their claims as regards the illegality of acquisition and instead, it was agreed between the parties that the petitioners shall be paid adequate compensation according to the market value of the land prevalent on 10th July, 1990. The earlier writ petition was disposed of on that basis.
7. There is nothing in the order passed by this Court from which it could even remotely be inferred that the acquisition should be considered as a sale through private negotiation or that compensation was to be determined by the Land Acquisition Collector not in his capacity as such but as a negotiator or arbitrator. The acquisition remains to be compulsory acquisition under the Land Acquisition Act, 1894 and the compensation for the same has to be determined in the manner provided in the Act and Rules except that in view of the agreement between the parties that the relevant date would be 10th July, 1990 and not the date on which the notification under section 4 was published. This misconception on the part of Land Acquisition Collector which is evident on the face of record has clearly vitiated the order passed by him.
8. The petitioners have greatly been prejudiced by the methods adopted by the Land Acquisition Collector.
' In view of what has been stated above, these petitions are allowed and it is declared that order dated 1-6-1992 passed by respondent No,1 is without lawful authority and of no legal effect with the result that the Land Acquisition Collector shall proceed afresh to determine the market value of the land as prevalent on 10th July, 1990 according to the provisions of Land Acquisition Act, 1894 and the Rules made thereunder.
' There shall be no order as to costs.