Krishna Murari, J. - (1.) These are two connected writ petitions arising out of land acquisition proceedings. Subject matter of challenge in Writ Petition No. 29268 of 1992 is notification under Sec. 4 of the Land Acquisition Act, 1894 (for short the 'Act') and declaration under Sec. 6 of the Act. Writ Petition No. 31913 of 1997 pertains to quashing of the impugned award dated 10.09.1997 made by the respondents in pursuance to the acquisition proceedings.
(2.) The case has a little chequered history and the facts relevant for the purposes of effective adjudication of the controversy are as under.
(3.) Dispute relates to property bearing municipal No. 659, Begum Bridge Road, Meerut City. The property in dispute was subject matter of requisition proceedings by Collector, Meerut under the provisions of U.P. Temporary Accommodations and Requisition) Act, 1947 to run a cooperative departmental store by respondent No. 3. The property came to be de -requisitioned vide order dated 19.04.1983 on the ground that no public purpose is being served as the premises in dispute has been sub -let by respondent No. 3. The de -requisitioning order dated 19.04.1983 was challenged by respondent No. 3 by filing Writ Petition No. 7396 of 1983, which was dismissed by this Court vide judgment and order dated 20.12.1988 and respondent No. 3 was directed to handover actual physical and vacant possession of the premises in dispute within a period of one month. Respondent No. 3 preferred a Special Leave Petition before Hon'ble Apex Court. The Leave Petition was dismissed vide judgment and order dated 30th January, 1989. During the pendency of the aforesaid proceedings, a notification under Sec. 4 of the Act was issued, which was published in Government Gazette on 26.03.1988. The public notice of the said notification was published on 03.05.1988. In response to the notice issued, the petitioners herein filed their objections on 23.05.1988. Thereafter, declaration under Sec. 6 of the Act came to be issued on 18.03.1989. Petitioners challenged the notification by filing Writ Petition No. 5722 of 1989, which was allowed by this Court vide order dated 08.01.1991. Another Writ Petition No. 11847 of 1989 was also filed by the petitioners for quashing the order dated 15.06.1989 passed by Additional District Magistrate (Civil Supplies) refusing to handover possession of the property in dispute to the petitioners on the ground that same has vested in the State of U.P. The two writ petitions were connected and vide common judgment and order dated 08.01.1991, both the petitions were allowed. Notification under Sec. 6 of the Act was quashed by this Court on the ground that Special Land Acquisition Officer did not provide opportunity of hearing to the petitioners as provided by Sec. 5A of the Act and the Rules made thereunder and respondent No. 3 was directed to handover vacant possession of the premises in dispute to the petitioners within a period of three weeks.;