PRABHU LAL Vs. SPECIAL LAND ACQUISITION OFFICER

JUDGEMENT

(1.) THIS special appeal has been filed against the judgment of a learned Single Judge dismissing a writ petition filed by the appellants chal lenging acquisition of their plots and the assessment of compensation. The Im provement Trust of Allahabad framed a scheme under the U. P. Town Improvement Act. 1919 (hereinafter referred to as the Act). The scheme was known as South Housing Scheme, Part II. The re levant notification under Sections 36 and 42 of the Act were published on 23-6- 1928 and 8-7-1936 respectively. The scheme was being executed in part from time to time and notice under Section 9 of the Land Acquisition Act was issued on 30-8-1961, in so far as the plots be longing to the appellants are concerned. An award was given on 25-9-1961 and a reference in regard to the amount of compensation made to the Nagar Maha palika Tribunal is said to be still pend ing. The compensation, however, was awarded on the basis of the market value of the land in 1928 when the notification under Section 36 was issued. The writ petition was pressed on various grounds. None of them, however, found favour with the learned Single Judge and the writ petition was dismissed. The points urged before the learned Single Judge have been reiterated before us.

(2.) THE first submission made by the counsel for the appellant was that since no action was taken in regard to issue of notice under Section 9 in res pect of the appellants' land from 1936 when the notification sanctioning the scheme was published under Section 42, till the year 1961. the proceedings ini tiated in 1961 were illegal in view of the provisions of sub-section (4) of Sec tion 365 of the U. P. Nagar Mahapalika Adhiniyam, 1959 (hereinafter referred to as the Adhiniyam). It may be mentioned that on the coming into force of the Adhiniyam the proceedings for acquisi tion started under the Act were conti nued under the Adhiniyam by virtue of the provisions contained in Section 577 of the Adhiniyam. Sub-section (4) of Section 365 of the Adhiniyam on which reliance was placed by the learned coun sel before its amendment by the U. P. Nagar Mahapalika (Amendment) Act, 1972 read as follows:-

(3.) IT was then urged that the im provement scheme, in so far as the ap pellants' land is concerned was aban doned and, at any rate, should be deem ed to have been abandoned on account of no action having been taken from 1936 to 1961 in furtherance of the said scheme. In this connection reliance was placed upon a letter from the Collector, Allahabad to the Administrator, Im provement Trust, Allahabad, dated 27-5-1955, a true copy of which was filed a? Annexure "AAA" with the supplemen tary affidavit. The relevant portion of the said letter reads: