BHUSHAN,J. - (1.) WE have heard Sri K.R. Sirohi, learned Senior Advocate assisted by Sri Amit Malik for the petitioner, Sri A.K. Misra, learned counsel appearing for the respondent No. 3 and Sri Maya Shankar Srivastava, learned counsel appearing for the respondent No. 2 as well as learned Standing Counsel.
(2.) PLEADINGS of the parties having been completed, with the consent of learned counsel for the parties, this writ petition is finally decided. Brief facts of the case as emerged from pleadings of the parties are as follows: The Government of United Provinces under the provisions of the Land Acquisition Act, 1894 acquired 277.42 acres of land for Sewage Farm for the drainage of Allahabad Municipality. The notification under Section 6 of the Land Acquisition Act was published in the United Provinces Gazette dated September 11, 1915. 277.42 acres consisted land of two villages of Pargana Arail i.e. Village Jahangirabad 204.07 acres and village Mahewa 73.35 acres. The acquired land was transferred and vested in the Municipal Board, Allahabad in 1915 itself. A part of the land which was acquired for sewage farm was given on short-term allotment to various persons including the father of the petitioners. Plot No. 62/3 area 4 biswas, plot No. 61/3 area 4 biswas, plot No. 44/2 area 15 biswas, 48/1 area 12 biswas, 83/2 area 2 biswas, 84/3 area 4 biswas. Total 2 Bighas and 1 biswa land was given on short allotment to the petitioner's father. A case under Section 175 of U.P. Tenancy Act being case No. 65 of 1958 was filed by the Municipal Board against the father of the petitioners in which a compromise was entered on 31.10.1958 that father of the petitioner shall not claim any occupancy right and after settlement up to 31.1.1971 he will vacate the land failing which decree of eviction shall be treated to have been passed against him. Notice was given on 18.6.1964 to the father of the petitioners for vacating the plots. On 12.10.1965, the municipal board decided to give short-term settlement for five years more to the occupants on the rates of Lagan as fixed in the decision. After expiry of the five years, no further settlement was made in favour of the occupants including father of the petitioners.
(3.) A suit under Section 175 of U.P. Tenancy Act was filed by the Nagar Nigam against the occupants who were earlier given short-term settlement for their eviction. One of the case was also filed against the father of the petitioners. In all, 64 cases were consolidated and trial Court framed a preliminary issue as to whether U.P. Tenancy Act, 1939 was applicable or not. The preliminary issue was decided by the trial Court on 31.7.1978 holding that U.P. Tenancy Act has been repealed by the U.P. Urban Area Zamindari Abolition Land Reforms Act, 1956 w.e.f. 1.7.1963 hence, the U.P. Tenancy Act, 1939 is no more applicable. The suit under Section 175 of U.P. Tenancy Act was held to be not maintainable with the observation that cases for eviction be filed under U.P. Public Premises (Eviction of Unauthorised Occupants) Act, 1972. First appeal was filed before the Commissioner, which was dismissed on 28.10.1978. Second appeal was filed in the Board of Revenue which too was dismissed on 17.2.1992. Board of Revenue took the view that the issue as to whether suit could have been proceeded under U.P. Tenancy Act ought to have been raised before the District Judge, who was authority competent to hear the appeal. After dismissal of the second appeal, proceedings were initiated against the father of the petitioner by Nagar Nigam, Allahabad before the Prescribed Authority/Sub Divisional Officer for eviction under 1972 Act. Father of the petitioners died on 16.3.1995 thereafter the proceedings under U.P. Public Premises (Eviction of Unauthorised Occupants) Act is not said to be proceeded with. A decision was taken by Nagar Nigam, Allahabad on 24.2.2005 to transfer 45 hectrares of land of Naini sullage farm in favour of the Allahabad Development Authority at the rate of Rs. 10,00000 per acre. The respondents have alleged that possession was transferred to Allahabad Development Authority on 25.2.2005.;