Mehrotra, J. - (1.) THESE are seven applications under Article 226 of the Constitution for a writ of certiorari quashing the order finalising the compensation assessment rolls under Section 52(2) of the UPZA and LR Act (hereinafter referred to as the Act) and further to quash orders passed by the Compensation Officer, Puranpur, on the applications made by the Petitioners under Section 61 of the Act, and further for issue of a writ of mandamus directing the opposite party No. 1, the Compensation Officer, Puranpur, to amend the draft assessment compensation rolls of the Petitioners so as to include the forest income and republish notices under Section 46 of the Act.
(2.) ALL these petitions can be disposed of by one judgment as common questions have been raised in these petitions. The Petitioners were the owners of certain zamindari properties till the 1st of July 1952 when the Zamindari was acquired by the State of Uttar Pradesh under a notification of the date published under Section 4 of the Act. A waqf Alal -Aulad was created by one Muhammad Badrul Hasan Khan on whose death his son Sri Shamshul Hasan became mutwalli as well as the lambardar The Petitioners are all beneficiaries under the waqf except Shamshul Hasan Khan Petitioner in Writ No. 1430 of 1956 who is the mutwalli of the waqf. Large areas in the estate Acquired under the Act were covered by forest which is the main source of income. In the statement of gross assets prepared by the Compensation Officer in accordance with the provisions of Section 38 of the Act the column in the form provided for "forest income" was left blank. After the statement of gross assets had been prepared draft compensation assessment rolls, as required by Section 40 read with Section 42 of the Act, were prepared on the basis of the said statement. Obviously as the forest income was not shown in the statement prepared under Section 38 the draft compensation assessment rolls for the Petitioners omitted to calculate compensation having due regard to the forest income. The notices along with a copy of the said draft compensation assessment rolls were served on the Petitioners as required by Section 46(1)(b). According to the Petitioners, the notices were not properly served on the Petitioners other than Shamshul Hasan Khan. Thereafter the draft compensation assessment rolls were made final on various dates in respect of different villages. Shamshul Hasan Khan mutwalli and lambardar, however, filed objections to the draft compensation assessment rolls and statements of gross assets in respect of all the mahals under Section 46 of the Act. The opposite party No. 1 on 9 -10 -1954 allowed those objections and in granting compensation the income derived from forest was taken into consideration. In January 1955 the Petitioners sent by post applications to the Compensation Officer drawing his attention to the mistakes in the statements of gross assets prepared under Section 38 and also inviting his attention to the order passed by him on the objections filed by Shamshul Hasan Khan and praying that similar corrections be made in the draft compensation assessment rolls prepared in respect of the Petitioner's estates. On 6 -7 -1955 the applications were rejected on the ground that the applications were time barred and did not come under Section 61 of the Act. On 17 -9 -1955 the Petitioners filed fresh applications. Under Section 61 of the Act for the same relief. On 8 -12 -1955 these applications were heard and 12 -1 -1956 was fixed for the delivery of judgment. On that date no judgment was delivered to the knowledge of the Petitioners. The Petitioners came to know in April 1956 that their applications under Section 61 had been dismissed by the Compensation Officer by his order dated 30 -12 -1955. Thereafter the present petitions were filed in July 1956 for the reliefs which I have already mentioned.
(3.) THE orders passed by the Compensation Officer rejecting the petitions under Section 61 have been challenged on three main grounds by the Petitioners. Firstly, it is contended that the statements of gross assets were null and void as no notices were issued to the Petitioners in accordance with Rule 34 of the Rules framed under the Act. Secondly, it is contended that the draft compensation assessment rolls prepared on the basis of incorrect statements of gross assets were themselves illegal and any order passed finalising those draft compensation assessment rolls were illegal. Lastly, it was contended that the orders passed by the Compensation Officer on the applications filed under Section 61 were manifestly erroneous and should be quashed by this Court. In this connection it is pointed out that the Compensation Officer himself had corrected the statements of gross assets on the objections filed by Shamshul Hasan Khan as he had found that the forest income was not given in the statements of gross assets prepared under Section 38. The present petition of Shamshul Hasan Khan relates to only two villages in respect of which his objections were rejected by the Compensation Officer. The final orders passed by Compensation Officer which are impugned by these petitions are the orders of 30 -12 -1955 rejecting the Petitioners' applications for the amendment of the draft compensation assessment rolls under Section - 61. It is therefore that order which has got to be examined and seen whether that order is either without jurisdiction or erroneous on the face of it. All the three points raised can be disposed of together. It is necessary to refer to certain provisions of the Act. Section 27 of the Act provides that; Every intermediary whose rights, title or interest in any estate are acquired under the provisions of this Act shall be entitled to receive and be paid compensation as hereinafter provided. Section 65 of the Act lays down that: There shall be paid to every intermediary as compensation in respect of the acquisition of his rights, title and interest in every estate the amount declared in that behalf under Section 60. The procedure for the ascertainment of the compensation payable to each intermediary is provided in Sections 38 to 60 of the Act. Section 38 provides for the preparation of a statement of gross assets of a mahal and reads as follows: 38. The Compensation Officer shall, before proceeding to prepare the Compensation Assessment Roll of any intermediary as respects any mahal prepare a statement of gross assets (a) Where the mahal is comprised of area situate in not more than one village, of the mahal, and (b) where the mahal is comprised of area situate in more than one village, separately of the portion in each village.;