Om Prakash and R. K. Singh, JJ. - (1.) THE petitioner-Rajya Krlshl Utpadan Mandi Parishad, U. P. (hereinafter referred to as 'Parishad') seeks a writ of mandamus directing respondents No. 2 and 3 to make an award under Section 11 of the Land Acquisition Act, 1894 (briefly, the Act) in respect of the land which is excluded in the award dated 31.3.1987 (Annexure '8' to the writ petition).
(2.) THE facts as succinctly stated, are that the petitioner directed the Krlshl Utpadan Mandi Samiti, Kichha, district Nalnital (for short, the Samiti) to select land for construction of a market yard. THEn the Samiti selected land in respect of which a notification under Section 4 of the Act (Annexure '1' to the writ petition) was published. THE notification pertains to the lands situate In Mauja Somera and Siraulikala. THE dispute In this writ petition relates only to the plots of land, situate In Mauja Slraulikala. A notification under Section 6 of the Act was also made simultaneously, but that was quashed In a writ petition filed on behalf of respondents No. 4 to 7 and then a fresh declaration under Section 6 was made on 25.2.1986. Looking to the urgency of the construction of the market yard, it is said that though no award was made, possession had been taken by the Samiti of all the plots of land as described In the notification and declaration, issued under Sections 4 and 6 of the Act respectively, on 23.4.1986. An award dated 31.3.1987 was made in respect of the plots excepting the portions of the plots of land as stated in para 3 of the writ petition. The case of the petitioner is that the possession of the entire land as stated In the notification and the declaration, issued under Sections 4 and 6 of the Act having been taken on 23.4.1986 before the award was made, such land came to be vested absolutely in the State Government under sub-section (1) of Section 17 of the Act and, therefore, the Collector could not have legally excluded any portion of the plots of land as stated in the notification, issued under Section 4 of the Act.
(3.) THE Special Land Acquisition Officer, respondent No. 3 In his communication dated 7.2.1987 (Annexure '1' to the counter-affidavit filed on behalf of respondent No. 8) sent to the petitioner, stated that part area of plots of land as stated in para 3 of the writ petition aggregating to 9 bighas and 12 biswas was excluded from the award, because that was relinquished by the Samiti with the approval of the petitioner as the tenure-holders offered to withdraw their cases In which stay orders were obtained by them against the respondents. The petitioner denied such averment made by respondent No. 3 in his communication.;