- (1.) Heard Sri Manoj Kumar, Learned Counsel for the appellants and Sri Ashwini Kumar Mishra, for the respondent and perused the record. Briefly stated facts are that first floor of the House No. D35/182, Jangam Badi, Mohalla Bangali Tola, Varanasi, was leased to post office since 1958 at the rate of Rs. 80/- per month. Lease expired in 1963, but Post Office's occupation continued in, without lease.
(2.) The previous owner Harendra Nath Bose was living in Calcutta and finding it difficult to manage the property which was in occupation of Union of India, the property was sold to Badri Prasad Seth on 8.3.1982 for Rs. 1,00,000/-. Post office was defaulter in payment of rent, so notice under Section 106 Transfer of property Act was given to the Union of India through Secretary, Ministry of Communication (Department of Post and Telegraph), Sanchar Bhawan, Ashok Road, New Delhi, on 19th November, 1982 claiming the rent for the period of March 8, 1982 to November 9, 1982 as per provisions contained under Section 20(2)(a) of U.P. Act No. 13/72 and later on a suit for eviction was filed in Small Causes Court, Varanasi, by the purchaser claimant on 17.1.1983. The suit was decreed in favour of claimants on 4.2.1984. Union of India filed a revision in the Court of District Judge, Varanasi, which was dismissed on 18.9.1984. Against this dismissal order, a Civil Misc. Writ Petition No. 7191 of 1986 was filed in this Court. This writ petition was also dismissed in limine on 6.8.1986 and six month time was granted to the Union of India to vacate the premises, (vide page No. 127 to 132 of the paper book supplied by Senior Superintendent of Post Offices, Eastern Division, Varanasi). A Special Leave Petition was filed, which was also dismissed and four month time was granted to vacate the house (page No. 125-126 of paper book of Senior Superintendent of Post Offices). The Apex Court has held that this shall however, be without prejudice to the right of government to acquire the property under Section 6 of the Land Acquisition Act 1894.
(3.) In view of this, acquisition proceeding started for acquiring 0.058 acre (2323 sq. feet) land alongwith house No. D35 182, Jangam Badi, Mohalla Bangali Tola, Varanasi. Notification under Section 4(1) of the Land Acquisition was published on 9.5.1987, thereafter, notification under Section 6 was published on 8.6.1987. An award was made on 10.8.1987 and the S.L.A.O. has awarded Rs. 1,62,500/- as compensation for the land and house. Thereafter reference under Section 18 was made. Previously, the reference was rejected on 1.12.1982 holding the reference to be time barred. A Civil Misc. Writ Petition No. 21178 of 1988 was filed in the year 1988 and this Court had quashed the order dated 1.12.1987 and direction was given to the respondent No. 3 to forward the reference under Section 18 of the Act to the Court concerned (page No. 113 to 122 of the paper book supplied by Senior Superintendent of Post Offices, Eastern Division, Varanasi). Thereafter, reference was made which was numbered as L.A.R. No. 39 of 1996 Badri Prasad Seth v. Collector, Varanasi and another.;