Judgement

JUDGMENT :- Leave granted.

2. We have heard learned counsel on both sides.

3. This appeal by special leave arises from the judgment and order of the Division Bench of the High Court of Allahabad, made on November 1, 1995 in W. P. No. 30914/95.

4. The acquisition is under the U. P. Avas Evam Vikas Parishad Adhiniyam, 1965 (for short, Adhiniyam,). The controversy is whether the Land Acquisition (Amendment) Act 68 of 1984 would apply to the acquisition made under the Adhiniyam. In Gaurishankar Gaur v. State of U. P. (1994) (1) SCC 92 : (1993 AIR SCW 3029), a Bench of two-Judges of this Court, to which one of us, K. Ramaswamy, J., was a member, had considered the question. K. Ramaswamy. J. had held that this Adhiniyam and the procedure prescribed therein vis-a-vis the Land Acquisition Act, 1894 (1 of 1894) by incorporation and, therefore, the Amendment Act does not apply to the acquisition under the Adhiniyam. Honble R. M. Sahai, J. had taken a different view on that matter. However, on merit both agreed for shifting of the date of payment of the compensation to the later date of declaration as under (Para 52 of AIR):-

"Though for different reasons, we have come to the same concl