By the Court.—We have heard Shri S.K. Verma, Sr. Advocate assisted by Shri D.V. Jaiswal and Shri Siddharth Verma for the petitioner. Shri Jafar Naiyer, Addl. Advocate General appears for the State respondents. Shri Rajiv Gupta appears for the District Judge, Allahabad.

2. The writ petitions are the oldest land acquisition matters pending in the High Court. Both the writ petitions were dismissed for want of prosecution on 7.12.2009. We had found that the counsels for the petitioners were avoiding the hearing for more than 20 years for one reason or another. They sent repeated illness slips. The land was acquired for extension of the Civil Court building of the Judgeship at Allahabad. The possession of the land was taken on 22.9.1986 by a possession certificate signed by Shri Umeshwar Pandey, the then Addl. District Judge, Allahabad, who was later on elevated to the High Court. The petitioners, however, re-entered and continued in possession illegally throughout the pendency of the writ petitions. Inspite of request made by successive District Judges to expedite the hearing, the matter was not listed, and that whenever it was listed, it was got adjourned on the request of learned counsel for the petitioner. The petitioner was enjoying the possession purportedly in contravention of the order of the status quo dated 23.9.1986 and using the premises for both residential and commercial purposes.

3. Shri S.K. Verma, learned counsel for the petitioner undertook that he will be arguing the matter without seeking any further adjournment, on which we permitted him to address the arguments on merits. The matter was heard on merits. Both the writ petitions were heard at length on 9.12.2010 and that the judgment was reserved.

4. For the aforesaid reasons, we find it appropriate to recall our order dated 7.12.2009 and to decide the writ petitions on merits.

5. The restoration applications are allowed. The orders dated 7.12.2009 are recalled. The matter was nominated by Hon’ble the Chief Justice on 2.8.2010, to be heard by us.

6. Shri Daud Ahmad, the petitioner in both the writ petitions died on 10.3.1999, leaving behind Shri Gufran Ahmad and Smt. Khairunnisa as son and widow. The substitution application dated 25.5.1999 was allowed on 29.1.2004.

7. In Writ Petition No. 12007 of 1981 late Daud Ahmad had prayed for directions to quash the notification dated 24.6.1978 and the notification dated 22.6.1981 under Sections 4 and 6 of the Land Acquisition Act, 1894 respectively and for writ of mandamus commanding the respondents not to give effect to the impugned notifications. In Writ Petition No. 16608 of 1986 late Daud Ahmad had by the first prayer prayed for same reliefs, namely, to quash the notifications under Sections 4 (1) and 6 of the Land Acquisition Act, 1894 dated 24.6.1978 and 22.6.1981. He has further prayed for quashing the award dated 28.5.1986 and the notice dated 12.6.1986, and for directions not to dispossess him, from the disputed land in acquisition proceedings by the aforesaid notifications, award and notice.

8. The land covered by the notifications adjoins the Civil Court campus towards north of the judgeship at Allahabad. It was proposed and acquired for expansion of the Civil Court building, which is surrounded from the remaining three sides by buildings and main road and has no further space for expansion.

9. Brief facts giving rise to these two writ petitions are that the petitioner claims to be owner of the land and building (two kothies) situate on Plot No. 361 and plot No. 406 in Mauja Beli Uprehar, Pargana Chail, Distt. Allahabad. The plots were part of large area of land acquired by the State Government under the provisions of Town Improvement Act, 1916, for the purposes of Katra Housing Scheme in the year 1926. The land was sold by Allahabad Improvement Trust to different persons. According to the petitioner the total area of Plot No. 406 was 19 bigha and 7 biswas and total area of Plot No. 361 was 12 bigha