U P AVAS EVAM VIKAS PARISHAD Vs. KANAK

JUDGEMENT

(1.) M. L. Singhal, J. The present First Appeal filed under Section 54 of the Land Acquisition Act, 1894 (hereinafter referred to as L. A. Act), and the Writ Petition, preferred under Article 226 of the Constitution, by U. P. Avas Evam Vikas Parishad, Lucknow (hereinafter referred to as Avas Vikas Parishad), arise out of the award dated May 24, 1993, given by Shri O. K. Gupta, Presiding Officer, Nagar Mahapalika Tribunal, Agra on a Reference Petition under Section 18 of the L. A. Act, having been made by the Special Land Acquisition Officer (hereinafter referred to as the S. I. A. O.), whereby the Tribunal has enhanced the compensation.

(2.) THE appeal was filed on February 7, 1994. THE claimant-respondents on September 11, 1995 filed objection, alleging that in fact the present appeal was under Section 381 of the U. P. Nagar Mahapalika Adhiniyam, 1959 (hereinafter referred to as the Nagar Mahapalika Adhiniyam), the appellant having hot obtained the certificate of fitness from the Nagar Mahapalika Tribunal (hereinafter referred to as N. M. P. T.), required under Section 381 (l) (a), and also not having deposited the decretal amount, required by Section 381 (3) of the Nagar Mahapalika Adhiniyam, the appeal is not maintainable. Being frowned by the respondents' objection, the Avas Vikas Parishad has filed the present writ petition on 1- 4-1996.

(3.) THE argument of the learned Counsel for the respondents is that the present award is under the provisions of L. A. Act as modified by Schedule to the Nagar Mahapalika Adhiniyam, delivered under Section 381 of the Prescribed Authority Nagar Mahapalika Adhiniyam, the deposit of the amount under award and the certificate of fitness required under Section 381 (1) of the Nagar Mahapalika Adhiniyam are necessary conditions. THE controversy in the present proceedings stands concluded by the decisions of Division Benches of this Court, namely, in State of U. P. v. Mithilesh, 1991alj 516 and in Special Appeal No. 221 of 1972, decided on 17-5-1972, Dr. Prakash Narain Gupta v. State of U. P.