- (1.) Leave granted.
(2.) These appeals arising out of proceedings for acquisition of land for the U.P. Awas Evam Vikas Parishad, hereinafter referred to as 'the Board', raise common questions involving the interpretation of sub-sec. (2) of S. 50 of the Land Acquisition Act, 1894 (hereinafter referred to as 'the L.A. Act') and, therefore, they are being disposed of by this common judgment.
(3.) The Board has been constituted under S. 3 of the U.P. Awas Evam Vikas Parishad Adhiniyam, 1965 (U.P. Act No. 1 of 1966), hereinafter referred to as ' the U.P. Act'. Under S. 15 of the U.P. Act one of the functions of the Board is to frame and execute housing and improvement schemes and other projects. S. 16 provides that the Board may on its own or at the instance of a local authority frame a housing or improvement scheme and that the Board shall frame such a scheme when so directed by the State Government. S. 17 prescribes the matters which are required to be provided for such schemes. Sub-sec. (1) of S. 28 makes provision for preparation of a notice by the Board when any housing or improvement scheme has been framed and the said notice is required to be published in the manner as prescribed in sub-sec. (2) of S. 28. Section 30 makes provision for filing of objections against the scheme and S. 31 provides for sanction of the scheme, with or without modifications, after considering the objections, if any, received under S. 30. Such sanction is to be given by the Board when the estimated cost of the schemes does not exceed Rupees 20,00,000/- and by the State Government where the estimated cost exceed that amount. Sub-sec. (1) of S. 32 provides that whenever the Board or the State Government sanctions a housing or improvement scheme, it shall be notified in the Gazette and sub-sec. (2) lays down that the notification under sub-sec. (1) in respect of any scheme shall be conclusive evidence that the scheme has been duly framed and sanctioned. In case where the scheme is sanctioned by the Board an appeal lies to the State Government against the decision of the Board under sub-sec. (3) of S. 32 and if the scheme is altered or cancelled by the State Government on such appeal the concellation or alteration is required to be notified in the Gazette under sub-sec. (4) of S. 32. Section 55 makes provision for acquisition of land or any interest therein required by the Board for any of the purposes of the U.P. Act and lays down that such acquisition may be made under the provisions of the L.A. Act as amended in its application to Uttar Pradesh and further provides that the L.A. Act for this purpose shall be subject to the modifications specified in the Schedule to the U.P. Act. Section 64 provides for the constitution of one or more Tribunals by the State Government for the purpose of performing the functions of the Court with reference to the acquisition of land for the Board under the L.A. Act, as modified by the Schedule to the U.P. Act. In the Schedule to the U.P. Act modifications have been introduced in the provisions of the L.A. Act. Some of the said modifications which are relevant for the purpose of the present case are: (a) Clause (i) has been added in S. 3 whereby the 'local authority' has been defined to include 'the Board' (b) The first publication in the Official Gazette of a notice of any housing or improvement scheme under S. 28 or clause (a) of sub-sec. (3) of S. 31 of the U.P. Act is to have the same effect as publication in the Official Gazette of a notification under subsec. (1) of S. 4 of the L.A. Act. (c) The publication of a notification under sub-sec. (1) or, as the case may be, under subsec. (4) of S. 32 of the U.P. Act is to have the same effect as a declaration by the State Government under S. 6 of the L.A. Act. (d) Sub-secs. (1) and (1A) of S. 17 of the L.A. Act as applicable in the State of U.P. have been substituted by sub-sec. (1) which provide that whenever the State Government so directs in the interest of the expeditious execution of a housing or improvement scheme under the U.P. Act, the Collector, though no such award has been made, may on the expiration of fifteen days from the publication of the notice mentioned in sub-sec. (1) of S. 9 take possession of any land needed for the purposes of the U.P. Act and such land shall thereupon vest absolutely in the Government free from all encumbrances. (e) Section 17A has been added whereby it has been provided that in every case referred to in S. 16 or S. 17, the Collector shall upon payment of the cost of acquisition make over charge of the land to the Housing Commissioner, or an officer authorised in this behalf under the U.P. Act and the land shall, thereupon vest in the Board subject to the liability of the Board to pay any further costs which may be incurred on account of its acquisition.;