U.C. Srivastava, J. - (1.) By means of this writ petition, the petitioner Ram Avadh Singh, now substituted by his legal heirs and representative has prayed for issue of certiorari, for quashing two awards, dated 30-9-1974, Annexure IV, dated 31-3-1977, Annexure IX and for a direction to the Special Land Acquisition Officer, U.P. Avas Evam Vikas Parishad, for making a fresh consolidated award in respect of the whole land of area 19 bigha, 12 biswa along-with the trees and nursery, Nali and other improvements standing over that area at the time of taking possession and in case award, dated 30-9-1974 is not quashed, then issue a writ in the nature of mandamus directing the respondent No. 3 to prepare an award in respect of trees of the petitioner on the land of area 18 bigha, 7 biswa which had been taken possession of along-with the land on the basis of the petitioners claim pending before him and pay compensation therefore, within a period of two months and further prayed for, in case the award, dated 31-3-1977 in respect of I bigha, 5 biswa land of the petitioners is not quashed then the respondent No. 3 may be directed to prepare the award within a specified period in respect of the aforesaid land and in respect of proportionate number of trees which stood on the said land as per petitioners claim and to pay the same to the petitioners A writ of mandamus directing the respondent No. 3 has also been prayed by the petitioners, to make a reference to the court relating to the objection filed by the petitioners about the award, dated 31-3-1977. The further prayer has been made for a writ of mandamus directing the respondent Nos. 1 to 3 to pay immediately the compensation awarded to the petitioners under the award, dated 31-3-1977.
(2.) This writ petition has been connected with First Appeal No. 21 of 1977, filed by the petitioner against the Judgements and orders, dated 8-12-1976, and 16-12-1976 passed by the Presiding Officer, U.P. Avas Evam Vikas Parishad Tribunal, Lucknow, praying that the order passed by the Tribunal may be modified and the respondent may be directed to pay compensation at the rate of Rs. 2.00 per sq. ft. along with damages to which the appellant is found entitled under Section 48-A of the Land Acquisition Act with 18% interest since 6-10-1962 with costs. The Tribunal to which the reference was made modified the award passed by the Special Land Acquisition Officer and directed the compensation to be awarded at the rate of Re. 0.50 pet sq, fit with 15% salatium and 6% interest as awarded by the Special Land Acquisition Officer.
(3.) On behalf of the petitioners, it has been contended that in case the writ petition is allowed, it will not be necessary to give any detailed Judgement in the first appeal (No. 21 of 1977) and the writ petition will cover the field.;