RAVI NATH TILHARI,J. - (1.) We have heard Sri Juned Alam, learned counsel for the petitioners and learned Standing Counsel for the State-respondents and with their consent this writ petition is being decided at this stage.
(2.) The petitioners claim themselves to be recorded tenure holders of Revenue Plot No.1/17, 1/18, 1/9(New numbers 46, 47 and 48) situated in village Bharwalia, Tappa Pakari Gangarani, pargana Sudhwa Jobani, at present in district Kaushambi (earlier in the undivided district Deoria). Being aggrieved from the proceeding relating to acquisition of aforesaid land, which was made vide notification issued under Section 4 of Land Acquisition Act, 1894(for short 'the Act 1894') dated 10.3.1978 for the public purpose to establish Government Industrial Institute(for short 'the Institute') have filed present writ petition seeking the relief that they may not be dispossessed and the respondent-authorities be directed to pay compensation in lieu of the acquired land as per the Act, 1894 along with the interest from the date of notification till the date of taking possession on the prevalent market value within a specified period. The prayers made in the writ petition are reproduced as under: "i) issue, a writ, order or direction in the nature of mandamus directing/restraining the respondents not to dispossess the petitioners from their land i.e. Old Plot No.1/19/1, 1/18, 1/17, New Plot No.46, 47 and 48 Hect. situated in Village Bharwaliya, Tappa Pakari Gangarani, Pargana Sidhuwa Jobjna, Tehsil Padrauna, District Kushi Nagar. ii) issue, a writ, order or direction in the nature of mandamus commanding the respondents to pay the compensation of the land so acquired being Old Plot No.1/19/1, 1/18, 1/17, New Plot No.46, 47 and 48 Hect. situated in Village Bharwaliya, Tappa Pakari Gangarani, Pargana Sidhuwa Jobna, Tehsil Padrauna, District Kushi Nagar as per provision of the Land Acquisition Act, 1894 along with the interest from the date of notification ill date of taking possession at the prevalent market within the period so stipulated by this Hon'ble Court. iii) issue any other writ, order or direction which this Hon'ble Court may deem fit and proper in the facts and circumstances of the case. (iv) Award cost of the writ petition to the petitioners."
(3.) The learned counsel for the petitioners has submitted that after the issuance of notification under Section 4 of the Act, 1894, a notice on Form-II was published by the Collector, Deoria relying upon the notice of Special Land Acquisition Officer, Deoria( for short 'SLAO') in Case No.2 of 1984, stating that the possession of acquired land had been taken on 06.01.1984 and hence the said land was to be mutated in the records in the name of Government Industrial Institute(for short 'the Institute'). The tenure holders whose land was acquired were also required by the SLAO, by notice dated 9.12.1999 to complete all the requisite formalities to receive compensation of their acquired land by appearing in person before concerned authority.;