- (1.) Heard learned Counsel for the petitioner, Sri Shailendra Singh Chauhan, learned Additional Chief Standing Counsel for the State-respondents and Sri Ratnesh Chandra, learned Counsel representing respondent Nos.4, 5 and 6.
(2.) The relief claimed by means of this petition is for an appropriate direction to the concerned authorities to pay 60% amount under the Award dated 1.4.2016 (Annexure - 1 to the petition) after correcting the same as per the Government Order dated 21.2.1981 (Annexure - 2 to the petition).
(3.) We have perused the Award dated 1.4.2016. According to the said Award, the Lucknow Improvement Trust, now Lucknow Development Authority, would be entitled to compensation as per the provisions contained in Para 88 (1) of the U.P. Land Acquisition Manual. According to the said provisions of Para 88 (1) referred to above, the lessee is entitled to 40% of the compensation determined and the remaining 60% is to be provided to the lessor. It is under this provision that the petitioner being a lessee having a lease given by the Lucknow Improvement Trust in the year 1936 in favour of Dr. G. S. Thapar who has subsequently transferred it to the deceased Muneshwari Debi, 40% compensation has been paid to the petitioner being the heir of late Muneshwari Devi. Now if the petitioner is aggrieved by this clause contained under the Award, then the petitioner ought to have challenged the same in the appropriate proceedings under the Land Acquisition Act, 1894. By means of this petition, the petitioner wants this Court to modify the Award which apparently cannot be done.;