OM PRAKASH Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) This appeal by certificate against the judgment, dated March 19, 1968, of the Allahabad High Court raises questions about the constitutionality of certain modifications made in the Indian Land Acquisition Act, 1894 by the U. P. Nagar Mahapalika Adhiniyam, 1959 and the effect of the repeal of the U. P. Town Improvement Act, 1919 on the Mumfordganj Housing Scheme which had been notified under the repealed Act.

(2.) Under Section 42 of the U. P. Town Improvement Act (Act 8 of 1919), a scheme known as Mumfordganj Housing Scheme was published on behalf of the Improvement Trust, Allahabad in the U. P. Government Gazette dated June 17, 1944. Appellant's property known as Hanuman Bagh, bearing Municipal No. 25/13, Katra Road, Allahabad, was also included in the area covered by this scheme. On September 6, 1955, notice under Section 9 of the Land Acquisition Act, 1894, was issued by the Collector to the appellants. Even before the appellants had filed their claim and before the Collector could make his award under Section 11 of the Land Acquisition Act, 1894, U. P. Town Improvement Trust Act (No. 8 of 1918) was repealed and replaced by U. P. Nagar Mahapalika Adhiniyam, 1959 (for short, the Adhiniyam) which came into force on February 1, 1960. As a result of this change in law, the Town Improvement Trust was superseded by the Nagar Mahapalika, Allahabad, which took further steps for implementation of the scheme in accordance with the provisions of the Adhiniyam.

(3.) Appellants filed their claim to compensation before the Collector who gave his award on April 13, 1961. Possession of the disputed property was taken and delivered by the Collector to the Mahapalika on November 16, 1961.