S. B. Sinha, J. - (1.) WHETHER and, if any, to what extent a writ petition will be maintainable at the instance of the respondent-Parishad questioning an award made on a reference under Section 18 of the Land Acquisition Act is the primal question involved in these appeals, which arise out of a judgment and order dated 20.5.1998 passed by a Division Bench of the Allahabad High Court in First Appeal No. 549 of 1994 and Civil Misc. Writ Petition No. 11625 of 1996. Background facts :
(2.) THE respondent herein is a statutory body created under the provisions of Uttar Pradesh Avas Evam Vikas Parishad Adhiniyam, 1965 (hereinafter referred to as 'the 1965 Adhiniyam'). Agra Nagar Mahapalika, a body constituted under Uttar Pradesh Municipal Corporations Adhiniyam, 1959, framed a housing scheme entitled "Ghatwasan Grah Isthan Evam Sarak Yojna". It issued a notification on 23.4.1960 under Section 357 of U. P. Nagar Mahapalika Adhiniyam, 1959 (hereinafter referred to as 'Mahapalika Adhiniyam') which is equivalent to Section 4(1) of the Land Acquisition Act. A declaration purported to be in terms of Section 363 of the Mahapalika Adhiniyam which is in pari materia with Section 6 of the Land Acquisition Act was issued on 26.9.1964. The respondent-Parishad was constituted in terms of the 1965 Adhiniyam. After the respondent-Parishad came into being, an agreement was executed between the Mahapalika and the Parishad to transfer the execution of the said scheme in terms of Section 47 of the 1965 Adhiniyam. In furtherance of the aforementioned notification under Section 357 and a declaration under Section 363 of the Mahapalika Adhiniyam, the Special Land Acquisition Officer (SLAO) took possession of the land sought to be acquired on or about 18.6.1971. An award in relation thereto upon assessing the market value thereof was made by the SLAO on or about 24.11.1972 at the rate of Rs. 1.34 per square yard. Allegedly, in his award it was held that the acquired land was surrounded by various colonies and localities and was of full building potentiality. Within the determined amount of Rs. 89,914.24, a sum of Rs. 33,573.48 was paid to the owners of the land but payment in relation to the rest thereof, namely, Rs. 56,340.76 was withheld having regard to the dispute of title in relation thereto. The owners of the land purported to be aggrieved by and dissatisfied with the quantum of compensation awarded by the SLAO moved an application for reference before the Collector, Agra, on 1.1.1973. But no reference was made for a period of eight years. Several registered deeds of sale, however, were executed by the owners in favour of several persons assigning their compensation rights. The said assignees are presently represented by the appellants.
(3.) ALLEGEDLY, the Tribunal constituted for adjudicating on the reference assessed the market value of the land at the rate of Rs. 12 per square yard by reason of two awards in relation to some other lands ; one of which is said to have been accepted by the State. According to the appellants, having regard to the fact that the land in question was contiguous to the lands which were the subject-matter of reference, the Tribunal also made an award on 24.5.1993, assessing the market value at the rate of Rs. 12 per square yard keeping in view the exemplar-award. Other statutory benefits in terms of the Land Acquisition (Amendment) Act, 1984, were also granted. The Tribunal furthermore awarded damages in terms of Section 48A of the Act. The respondent-Parishad preferred an appeal thereagainst before the High Court purported to be in terms of Section 381 of the Mahapalika Adhiniyam. The said appeal, however, was barred by 100 days. No pre-deposit was also made in terms of sub-section (3) of Section 381 of the Mahapalika Adhiniyam nor any fitness certificate to prefer an appeal in terms of sub-section (1) of Section 381 thereof was granted. Despite the said defect, however, by an order dated 30th September, 1994, the High Court admitted the appeal without granting special leave and passed the following order : "Admit. Issue notice on the question of limitation, call for record. Put for hearing after receipt of record as the land acquired in 1964. Learned counsel for the claimants entered appearance. He may file counter- affidavit to the application under Section 5 of Limitation Act. Learned counsel for the appellant has served the memo of appeal and the copy of award on learned standing counsel for respondent Nos. 3 and 4. The notice is treated sufficient.";