SANT PRAKASH SINGH Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) By means of this writ petition, the petitioners have challenged the order dated 22-10-1977 passed by the Collector, Etawah, issuing the parwana amaldaramad for recording the name of contesting respondent No. 6 Hindu Educational Society, Etawah (hereinafter referred to as the Society) over the plots in dispute in the revenue records; and also the order dated 3-5-1982 passed by the Additional Commissioner, Allahabad dismissing the revision filed by the petitioners.

(2.) Briefly, the admitted facts of this case are that the Society had on 9-5-1949, applied for acquisition of 15.08 acres of land for construction of a hostel for its College students. Regarding this, a notification for acquisition of land under Section 4 of the Land Acquisition Act (hereinafter referred to as the Act) was issued by the State Government on 13-3-1954 followed by a notification under Section 6 on 9-5-1956, after having made the requisite enquiries under Section 5-A of the Act. Admittedly, the acquisition notification included the plots in dispute. The Special Land Acquisition Officer, thereafter, gave an award on 18-5-1957 and all the tenure holders, except three, accepted the award and received the amount of compensation awarded by the Special Land Acquisition Officer. With regard to the three tenure holders who challenged the amount of compensation awarded, the matter went up to the High Court and was finalised on 10.09.1971 after its decision in First Appeals No. 367 and 368 of 1960. The Collector had, under Section 16 of the Act, taken possession of the land acquired and thereafter it transferred the possession to the Society on 19-5-1957. However, it is admitted by the parties that an application for mutation of the name over the land acquired was moved by the Society in the year 1957 and the same remained pending.

(3.) The other facts relating to the agreement between the State Government and the Society with regard to the purpose of acquisition, may not be relevant for the purpose of the present dispute,