KANAK Vs. U P AVAS EVAM VIKAS PARISHAD

JUDGEMENT

(1.) WHETHER and, if any, to what extent a writ petition will be maintainable at the instance of the respondent-Parishad questioning an award made on a reference under Section 18 of the Land Acquisition Act is the primal question involved in these appeals, which arise out of a judgment and order dated 20.5.1998 passed by a Division Bench of the Allahabad High Court in First Appeal No. 549 of 1994 and Civil Misc. Writ Petition No. 11625 of 1996. Background facts :

(2.) THE respondent herein is a statutory body created under the provisions of Uttar Pradesh Avas Evam Vikas Parishad Adhiniyam, 1965 (hereinafter referred to as 'the 1965 Adhiniyam').

(3.) ALLEGEDLY, the Tribunal constituted for adjudicating on the reference assessed the market value of the land at the rate of Rs. 12 per square yard by reason of two awards in relation to some other lands ; one of which is said to have been accepted by the State. According to the appellants, having regard to the fact that the land in question was contiguous to the lands which were the subject-matter of reference, the Tribunal also made an award on 24.5.1993, assessing the market value at the rate of Rs. 12 per square yard keeping in view the exemplar-award. Other statutory benefits in terms of the Land Acquisition (Amendment) Act, 1984, were also granted. The Tribunal furthermore awarded damages in terms of Section 48A of the Act.