Hon’ble Ashok Bhushan, J.—These two writ petitions have been heard together and are being decided by this common judgment. In writ petition No. 70312 of 2011 pleadings have been completed between the parties which writ petition is being treated as leading writ petition. It shall be sufficient to refer the pleadings in writ petition No. 70312 of 2011 for deciding both the writ petitions.

2. Brief facts giving rise to the writ petition are; a notification under Section 4 of the Land Acquisition Act, 1894 (hereinafter referred to as ‘Act’) dated 21.1.1990 was issued for acquisition of 523 Bighas, 9 Biswas and 4 biswansis land of village Saha alias Pipal Gaon, Jhalva, Harwara and Devghat of Pargana Chail, District Allahabad for the establishment of residential colony by Allahabad Development Authority. A writ petition No. 17406 of 1994 Rehman Siddiqui v. State of U.P. and others was filed by the respondent No. 3 praying for direction to the respondents to make an award and pay 20% compensation. Writ petition was disposed of by order dated 1.5.2000, directing the respondents to prepare the award. In pursuance of the order of this Court award was declared on 5.2.2001 with regard to land of village Saha alias Pipal Gaon and Devghat. One tenure holder namely; Jagpat, whose land was acquired by the same notification made an application for reference under Section 18 of the Act on the basis of which reference No. 10 of 2001 was registered in the Court of District Judge, Allahabad. The reference was decided by the Additional District Judge vide judgment and order dated 31.5.2002, enhancing the rate of compensation from Rs. 80,000 per Bigha to Rs. 3,25,000/- per Bigha. The respondent No. 3 submitted an application under Section 28-A of the Act on 29.8.2002 before the Special Land Acquisition Officer for re-determining the compensation under Section 28-A on the basis of order of the Court dated 31.5.2002, passed in reference No. 10 of 2001 with regard to plots as mentioned in the application. The respondent No. 3 appeared before the Special Land Acquisition Officer, who had issued notice to tenure holders whose names were recorded in the revenue record for receiving the compensation. The respondent No. 3 claimed before the Special Land Acquisition Officer that tenure holders whose names were recorded in the revenue record had executed agreement of sale in his favour and had given possession to the respondent No. 3. The respondent No. 3 also claimed that tenure holders have executed registered power of attorney in favour of respondent No. 3 hence, he be paid the compensation with regard to the aforesaid plots as claimed by him. Special Land Acquisition Officer did not make the payment of compensation to respondent No. 3 and insisted that compensation be received by those persons whose names were recorded in the revenue record. The respondent No. 3 on the allegation that Special Land Acquisition Officer on 20.7.2002 refused to make payment of compensation amount, filed an original suit in the Court of Civil Judge (Senior Division), Allahabad being original suit No. 375 of 2002 arraying the Special Land Acquisition Officer as defendant No. 1, State of U.P. through Collector as defendant No. 2 and original tenure holders as defendant Nos. 3 to 57 praying for mandatory injunction to the effect that he be declared as interested person in the land acquired and be directed to be paid the compensation. The suit was decreed by the Additional Civil Judge (Senior Division) vide judgment and order dated 3.1.2005. The respondent No. 3 filed writ petition No. 52921 of 2004 praying for payment of compensation which was disposed of on 28.4.2005 directing for deciding the representation of respondent No. 3. Another writ petition No. 65880 of 2005 was filed by the respondent No. 3 which was disposed of by this Court on 19.2.2005, directing the Vice Chairman of Allahabad Development Authority to decide his claim. The claim of respondent No. 3 with re