JUDGMENT :

1. By this appeal the appellant has challenged the judgment and award dated 9.1.2008 passed by the 2nd Joint Civil Judge, Senior Division, Nagpur in Land Acquisition Case No.164/1994 by which the Reference Court has directed the Land Acquisition Officer to pay the amount of compensation to the respondent.

2. The necessary facts for disposal of the appeal in nut shell are as under :

The Special Land Acquisition Officer Pench Project-1 Nagpur declared two separate awards for acquisition of lands bearing Survey No.272, 290/2 and 301/1 admeasuring 15.10 acres of mouza Shivangaon, Nagpur. Said land was originally owned and possessed by one Shri Sadashiv Durgaji Ambhore i.e. respondent. As per contentions of the appellant this land was declared as surplus land under the Urban Land Ceiling Act by the competent authority vide order dated 21.5.1981 in ULC Case 1756/76. As per the order dated 21.5.1981, the competent authority was pleased to allow the land retainable admeasuring 1251.92 sq. mtrs. out of Survey No.272 in the name of Sadashiv Ambhore. The appellant purchased the retainable land from Shri Sadashiv Ambhore vide registered sale-deed 12.3.1984 for total consideration of Rs.10,820/-. It is further contention of the appellant that vide agreement dated 21.12.1983 executed between the appellant who is the proposed society and respondent Sadashiv Ambhore, it was agreed that the land owner shall submit a scheme to the government for construction of house for weaker section of the society and after the scheme is approved shall surrender all the retainable tenements to the society. In addition to the agreement the land owner respondent had given power of attorney duly registered in favour of the appellant authorizing Chief Promoter to apply for exemption under the Urban Land Ceiling Act. The appellant was also authorized by the land owner by registered power of attorney dated 21.12.1983 that the appellant shall have every right to receive the compensation which would be awarded by the Government of Maharashtra or any other competent authority in respect of land declared as surplus by the Competent Authority. The Chief Promoter of the appellant society has already paid huge amount of Rs.1,30,000/- to the land owner. Thus, appellant is the person interested in the property which is acquired by the Government and therefore appellant is entitled for the said compensation. As the government declared the award and called the interested persons to receive the compensation, the appellant raised the objection that respondent land owner is not entitled to receive the compensation but it is the appellant who is the interested person and the respondent authorized him to accept the amount of compensation. Thus, appellant applied to the Special Land Acquisition Officer praying that compensation amount be given to him in respect of a land bearing No.272, 290/2 and 301/1 P.H. No.43 standing in the name of respondent Sadashiv Ambhore.

3. The respondent Sadashiv Durgaji Ambhore filed his written statement vide Exh.-16 to the objection of the appellant and to the claim of the appellant on the ground that transaction of sale deed in respect of retainable agricultural land is not lawful transaction and same is invalid in law. The title of the land covered by the sale deed is not vested with the appellant society. The transaction in question is of the year 1984 and the law pertaining to urban land ceiling agglomeration came into force much prior to that. Therefore the provisions of Urban Land Ceiling Act are directly attracted and therefore the transfer of immovable property came under the scheme of urban land ceiling agglomeration is void unless and until permission is sought from the Competent Authority. Therefore, the said transaction dated 12.3.1984 in favour of the appellant society is not valid and legal transaction. The agreement between the appellant and the respondent dated 21.12.1983 is not enforceable by law. Therefore, the alleged claim