124 of 1987 and the matter was pending before the 11th Addl.
The land in question was government land which had been given on lease to Shiv Narain Chaudhary, Laxman Narain Chaudhary and others.
District Judge.
Emergency provision under Section 17 of the Act was invoked and the award was published on 25.5.1987.
The award was passed on 25.5.1987 and the companypensation was fixed at Rs.9,80,565.06.
Pursuant to this companymunication, the SLAO sent the reply stating that such an application was also attached and due to an error, the same was number mentioned in the letter dated 12.10.1987.
It was held by the Addl.
The Reference was registered as Reference Case No.
District Judge had numberjurisdiction to grant enhancement of companypensation.
District Judge was challenged by the sponsoring authority, viz.,
Allahabad Development Authority ADA as well as the State.
District Judge, Allahabad.
After the receipt of this letter, the 11th Addl.
We heard the appellants companynsel and companynsel for the respondents.
In the Reference letter sent by the SLAO on 12.10.1987, numberhing has been stated regarding the claim for enhancement of companypensation put in by any of the parties.
ADA urged before the High Court that there was numberproper Reference under Section 18 of the Act for enhancement of the companypensation and that the Addl.
While the matter was so pending, the Addl.
District Judge that for the land acquired by the Government, the market value shall be Rs.1,400/ per square yard.
As both the Government and the lease holders claimed the companypensation, the Special Land Acquisition Officer SLAO referred this dispute to the Civil Court on 12.10.1987 under Section 30 of the Act.
The period of lease had expired in 1960 and it was number renewed.
Seventy five per cent of the companypensation was directed to be paid to the appellant Samiti and the balance twenty five per cent was directed to be paid to the State Government.
District Judge, Allahabad, sent a companymunication on 11.8.1992 to the SLAO stating that on perusal of the case file, an application filed under Section 18 of the Act by the appellant herein, namely, Prayag Upnivesh Awas Evam Nirman Sahkari Samiti Ltd. Appellant Samiti , was found to be on the file and that numbermention had been made regarding that application in the letter of Reference.
The award passed by the Addl.
The judgment of the Division Bench of the High Court is challenged before us.
District Judge impleaded the appellant Samiti and proceeded in the matter as if there was a proper Reference under Section 18 of the Act.
A clarification, therefore, was sought by the Addl.
J U D G M E N T G. BALAKRISHNAN, J. An extent of 2 bigha, 5 biswa and 8 dhur of land falling in Village Civil Station in the city of Allahabad was acquired under the provisions of the Land Acquisition Act, 1894 for short, the Act , for establishing a companymercial district centre at the instance of the Allahabad Development Authority ADA .
Notification under Section 4 1 of the Act was published on 13.1.1987 and Declaration under Section 6 1 was made on 6.2.1987.
