P. S. BRAHME, J.

( 1 ) HEARD learned counsel for the parties. Perused the record. By this petition the petitioner challenges the order dated 9-10-1986 passed by 15th Additional District Judge, Nagpur in M. C. A. 459/1983 whereunder respondents No. 1 and 2 were prevented from paying the amount of compensation as per award to the original petitioner till the decision on M. C. A. 459/1983. Petitioners sought declaration that the order passed by the 15th additional District Judge, Nagpur in M. C. A. 459/1983 dated 9-10-1986 be quashed and set aside and that the amount of compensation be paid to the petitioners who are legal representatives of original petitioner.

( 2 ) THE subject-matter of dispute is the entitlement of petitioners of compensation in respect of acquisition of the land admeasuring 17 acres 23 gunthas out of the land survey No. 86 as per the award dated 6-4-1987 in land acquisition case No. 10/a-65/84-85 of village Nanda by the Special Land acquisition Officer (General), Nagpur respondent No. 2. Admittedly original petitioner purchased the agricultural lands comprised in survey No. 77/2 admeasuring 3. 70 ars. field survey No. 78 admeasuring 1. 38 ars and survey No. 86 area 49. 97 ars in all 51. 05 ars situated at village Nanda, Taluka Kamptee, district Nagpur by registered sale deed dated 9-7-1984 for a valuable consideration of Rs. 2,17,000/- from respondent Trust. The said property was previously owned by one Kuntibai w/o Shivprasad Bajpayee who in pursuance of settlement Deed gave it to respondent No. 3 - Trust. As such the said property devolved on respondent No. 3 - Trust i. e. Shri Ramdeobaba Smarak Sarvajanik samiti, Katol Road, Nagpur (hereinafter referred to as the "trust" for the sake of brevity and convenience ). As the said property was sold to original petitioner by the Trust, the original petitioner claimed to have acquired valid and unimpeachable title in respect of that entire property.

( 3 ) PETITIONER, after become full owner of the property sold about 22 acres of land out of survey No. 86 retaining remaining land with him. Admittedly in the year 1984, respondent No. 1 initiated proceedings for acquiring this remaining land from petitioner for re-settlement of project affected persons of village nanda. As a consequence of issuance of notification under section 4, issued on 12-6-1985, petitioner filed his claim - statement and objection in the said proceeding. Except the petitioner and holders of lands shown in the notification, nobody raised objection to the acquisition. Respondent Nos. 3 and 4 did not raise objection for acquisition of land. It is to be noted at this juncture that some part of land out of survey No. 86 that fell to the share of respondent No. 4 in partition was also acquired in acquisition proceeding in respect of which notification under section 4 was issued and respondent No. 1 has made claim for compensation in respect of acquisition of that land. However, respondent No. 4 did not raise any objection for acquisition of the land of petitioners that came to be acquired that is very significant as respondent No. 4 has specifically disputed petitioners title over the land out of survey No. 86 which came to be acquired and in respect of which award for compensation came to be passed.

( 4 ) IN pursuance of the settlement deed in favour of the trust by Kuntibai a change Report came to be filed before the Deputy Charity Commissioner, nagpur Region, Nagpur. To this Change Report, respondent No. 3 and respondent No. 4 raised objection on several grounds including right of Kuntibai to execute Settlement Deed in favour of the trust. The said objections were considered by the Deputy Charity Commissioner, Nagpur and after hearing the parties, he was pleased to accept the Change Report under section 22 of the bombay Public Trusts Act, 1950 by his order dated 30-3-1980. By that order he directed that entry be made in the Public Trust Register as per order of the deputy Charity Commissi