P. P. Gupta, J. - - (1.) THIS first appeal has been filed by the State of U. P. and U. P. Avas Evam Vikas Parishad, Lucknow (hereinafter referred to as the Parishad) under section 54 of the land Acquisition Act, 1984 (hereinafter referred to as the Act) against the Award dated 9-10-87 given by Sri G. K. Gupta, Presiding Officer, Nagar Mahapalika Tribunal, Agra in a Reference under section 18 of the Act having been made by the Special Land Acquisition Officer, U. P.
(2.) THE Nagar Mahapalika, Agra on 12-4-1960 notified under section 357 of the U. P. Nagar Mahapalika Adhiniyam (hereinafter referred to as Mahapalika Adhiniyam) an Improvement Scheme called "Ghatwasam Grih Asthan Evam Sarak Yojna, Agra". It was a combination of a housing accommodation scheme and a street scheme This Improvement Scheme was framed for acquisition of land for providing land for house, for street and for general improvement. THE finalised scheme was published under section 363 of Nagar Mahapalika Adhiniyam on 26th September 1964. THE Nagar Mahapalika entered into an agreement with the Housing Board constituted under the U. P. Avas Evam Vikas Parishad Adhiniyam 1965. THE agreement was executed on May 31, 1968 under which the Nagar Mahapalika transferred the execution of aforesaid Scheme to the Housing Development Board and since then the scheme was being executed by the said Board. In the said scheme, land involved in the present appeal, measuring 25 Bighas. 9 Biswas and 3 Biswansi situate in village Ghatwasam Mushtakil Tahsil and district Agra was acquired and its compensation was determined by an Award dated 24-11-72 by the Special Land Acquisition Officer. Feeling aggrieved by the Award, a Reference under section 18 of the Act was sought for which was sent to the Nagar Mahapalika Tribunal, Agra on 11-1-83. The Tribunal accepted the claim of the respondents in part only and gave an Award on 9-10-87.
(3.) AFTER the said award, the State of U. P., appellant no. 1, applied on 20-10-1987 before the Tribunal for grant of a certificate of fitness to file an appeal before this court under sub-section (1) of Section 381 of the Mahapalika Adhiniyam. The Tribunal granted the certificate to the appellant No. 1 on 11-11-1987. The appellants preferred the present appeal on 2-3-1988 challenging the said Award of the Tribunal.;