- (1.) BY the court.- Heard Sri Shree Kant, learned counsel for the petitioner. Learned Standing Counsel appears for state respondents. Shri L.P. Singh appears for the private respondents.
(2.) THE U.P. Awas Evam Vikas Parishad was established under Section 3 of the U.P. Awas Avam Vikas Parishad Adhiniyam 1965 (in short the Adhiniyam) as a body corporate with a right to acquire, hold and dispose of property for the purposes of development of housing activity in the State of Uttar Pradesh. Section 28 of the Adhiniyam authorises the board to prepare a notice after framing a housing or improvement scheme with all its details to be published in the official gazette inviting objections under Section 30 of the Adhiniyam. The scheme may be abandoned, modified and sanctioned under Section 31 and commences under Section 32 of the Adhiniyam. Section 55 of the Adhiniyam gives power to the board to acquire any land or any interest therein after following the procedure provided under Sections 28 to 37 of the Adhiniyam. Section 28 and 32 are pari materia to Section 4 and 6 of the Land Acquisition Act, 1894 (the Act). Section 55 provides that any land or any interest therein required by the board for any of the purposes of this Act may be required under the provisions of the Land Acquisition Act, 1894, as amended in its application to Uttar Pradesh, which for this purpose shall be subject to the modifications specified in the Schedule to the Adhiniyam. By these two writ petitions the U.P. Awas Avam Vikas Parishad (in short the Parishad) has prayed for setting aside the order of the Additional District Magistrate (Land Acquisition) Kanpur Nagar dated 21.12.1999 under Section 28A of the Land Acquisition Act. The Additional District Magistrate (Land Acquisition) had allowed the application under Section 28A of the Act dated 24.3.1992 filed by Shri Jagat Narain and others in Writ Petition No.19218 of 2000, in Suit No. 18 and 20/1992-93 between Jagat Narain and others vs. U.P. Awas Evam Vikas Parishad and others increasing the compensation to be paid to the claimants in accordance with the rates on which an Award dated 11.12.1991 was given by the Additional District Magistrate (IX) Kanpur Nagar in Case No. 212/70/83 Mohan Lal and others vs. State of UP under Section 18 of the Act.
(3.) ALL the claimants in the two cases separately claimed that their land was acquired vide notifications under Sections 4 and 6 published on 4.8.1973 and 5.9.1975, for the purposes of Electricity Board, Panki Thermal Power Station, Panki, Kanpur in respect of which the award was passed by the Additional District Magistrate (IX) Kanpur Nagar on 11.12.1991. The claimants did not file any reference under Section 18 and thus they are entitled to enhancement of the compensation in terms of the Award dated 11.12.1991.;