MOHAMMAD AMIR AHMAD KHAN Vs. NAGAR MAHAPALIKA

JUDGEMENT

(1.) THESE two writ petitions raise common questions of law and fact (and for?) that reason are being disposed of by this common judgment. The property to which Writ Petition No. 128 of 1962 relates is owned by Raja Mohammad Amir Ahmad Khan along with one Sri Mohd. Sadiq and is bounded as below. East: Khasra Nos. 160 and 161 (Houses) and Khasra No. 163 Pucca Lane of Municipal Board. West: Khasra Nos. 158, 161, 182 and 167 Gowyin Road: North: Mohalla Bazar Jhau Lal, Khasra No. 148, Circular Road of Municipal Board. South: Mohalla Bazar Jhau Lal, Khasra No. 154, Municipal lane and Khasra No. 158 Kothi Sri Masudu- Hasan, Advocate. This property is hereinafter described as 'property No. 1'. The property to which Writ Petition No. 129 of 1982 relates is owned by Sri Jamal Rasul Khan son of late Maharaja Sir Moharamad Ejaz Rasul Khan of Jahangirabad, and is described below: Kothi No. 2, Barrow Road. This property is hereafter 'called as 'property No. 2.'

(2.) THE scheme which is challenged in Writ Petition No. 128 of 1982 is "Circular Road Development and Housing Accommodation Scheme No. 95" (hereinafter described as Scheme No. 1). THE one challenged in Writ Petition No. 129 of 1962 has been described as "Street and Housing Accommodation. Scheme-- Kothi Maharaja Jahangirabad at No. 2, Barrow Road, Khas Bazar, Lucknow" and hereinafter called as Scheme No. 2. Scheme No. 1 purports to have been framed under Sections 30 and 31 of the U. P. Town Improvement Act (hereinafter referred to as the Improvement Act) while Scheme No. 2 has been framed under Sections 28 and 31 of that Act. In both the cases notices contemplated by Section 36 of the Improvement Aet have been prepared and the notices or proposed acquisition of land have also been issued to the petitioners in both the writ petitions. All this happened before the U. P. Nagar Mahapalika Adhraiyam 1959 (hereinafter referred to as the Act) was enforced. THE provisions of the Improvement Act have been repealed by virtue of the provisions of Section 581 of the Act and it is the admitted case of the parties that further proceedings in the cases would be governed by the provisions of the Act and not those of the Improvement Act.

(3.) THAT application was allowed and the relief has been amended. In Writ Petition No. 129 of 1962 the prayer is as follows:-- (a) THAT by a writ of certiorari the entire proceedings of the Nagar Mahapalika, Lucknow, from 31-1-1960 to 20.1.1962 be quashed. (b) THAT a writ of mandamus, prohibition or other appropriate writ or direction be issued restraining the Nagar Mahapalika, Lucknow, from executing the scheme known as ''Street and Housing Accommodation Scheme Kothi No. 2, Barrow Road, Khas Bazar, Lucknow" and acquiring the petitioner's property thereunder."