KANPUR DEVELOPMENT AUTHORITY Vs. NANKU

JUDGEMENT

(1.) In all the three writ petitions common questions of law are involved hence the three writ petitions are being decided by common judgment.

(2.) Prayer in writ petition No. 31875 of 1991 is to quash the award dated 23.4.1991 Tin land Reference Case Nos. 12, 13, 14, 15, 17, 20, 31, 37, 38 and 51 of 1986 in Writ Petition No. 31876 of 1991, the prayer is to quash the award of Reference Court dated 30th March, 1991 in Reference Case No. 3, 6, 7, 8, 9, 10, 15 and 16 of 1986. Prayer in Writ Petition No. 19130 of 1993 is to quash Award of the Reference Court dated 31.3.1993 in Reference Case Nos. 17, 18. 20, 43 and 50 of 1986, 25, 29 and 30 of 1987, 8, 10, 11, 12, 16, 17, 18 and 29 of 1988, 14 of 1989 and 2 of 1991 and it has further been prayed that the Tribunal in all the cases be directed to decide the matter afresh after giving opportunity to the petitioner.

(3.) It appears that vide separate notifications under Sections 357 and 363 of the Nagar Mahapalika Adhiniyam, vast tract of land belonging to various land holders were acquired. The acquisition was made much prior to 11th September 1973 when the petitioner was constituted under Section 59 (1-A) of the Urban Planning and Development Act and had undertaken the urban development work in the city of Kanpur. It is alleged that at the time of the petitioner having come into existence, the petitioner authority was not aware of the proceedings pending before the Tribunal and learnt of the same for the first time on receipt of Letter dated 21st October, 1991 from the Special Land Acquisition Officer. By the said letter the Special Land Acquisition Officer requested the petitioner to file appeal in High Court under Section 381.