Hon’ble Krishna Murari, J.—Heard learned counsel for the petitioners, Sri J.N. Maurya, learned counsel for the respondent No. 1 Allahabad Development Authority and learned Standing Counsel for the State respondents.

2. Dispute is in respect of plot No. 1232 area 2 bigha 7 biswa 3 biswansi.

3. Facts which cull out from the pleadings of the parties are that various plots including the plot in dispute was subject-matter of acquisition for Agra Development Authority for public purpose namely, construction of residential building, plots and commercial centres. A notification under Section 4 of the Land Acquisition Act, 1894 (for short the ‘Act’) read with Section 17(4) of the Act was published in official gazette on 30.1.1989. The area of the plot in dispute was mentioned as 2 bigha 9 biswa. On account of mistake in respect of area of the plots sought to be acquired, a corrigendum dated 17.8.1989 was issued. The area of the plot in dispute was corrected to 2 bigha 7 biswa 3 biswansi (2-7-3).

4. It is a categorical case set up by the petitioners that residential construction over an area 1 bigha 11 biswa 8 biswansi (1-11-8) was standing over the plot in dispute and possession whereof was not taken by the Agra Development Authority. This fact is admitted by the Agra Development Authority in paragraph 7 of its counter-affidavit to the amended writ petition that since the area measuring 1-11-8 of the plot in dispute was covered by construction, hence, possession of the same could not be taken at that point of time. It is altogether a different matter that Agra Development Authority has stated that construction was raised after issuance of the notification under Section 30.1.1989 under Section 4/17 of the Act. An award under Section 11(1) of the Act was declared on 29.2.1992. The award was challenged by the respondent Development Authority by filing writ petition before this Court which was dismissed on 5.1.2000. The judgement of this Court was challenged in Special Leave Petition before the Hon’ble Supreme Court which was allowed vide judgement and award dated 7.2.2001 and after quashing the award dated 29.2.1992, the Special Land Acquisition Officer was directed to make fresh award after impleading Agra Development Authority and allowing them adequate opportunity of hearing. A fresh award was made by the Special Land Acquisition Officer on 5.11.2001, which is on record of the writ petition as Annexure 2.

5. After the fresh award was prepared, a letter was issued by the Secretary of the Agra Development Authority to the District Magistrate, Agra requesting to give possession over the remaining area of the plots under acquisition on which they could not get possession. The letter contains a list of such plots. Disputed plot No. 1232 finds place at serial No. 6 of the said list and the area over which possession could not be taken is mentioned as 1-11-8.

6. It was only after this letter when the respondent authorities started dispossessing the petitioner forcibly, the present writ petition was filed. Initially following relief were claimed :

“A. issue a writ, order or direction in the nature of mandamus commanding upon the opposite parties not to dispossess the petitioners from the constructed area of plot No. 1232 area 1-11-8 biswanshi, situated in village Basai Mustkil, Pargana, Tehsil and District Agra.

B. issue any such other and further suitable writ, order or direction which this Hon’ble Court may deem fit and proper under the circumstances of the case.

C. and to award the cost of the petition in favour of the petitioners.”

7. Subsequently after enforcement of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (hereinafter referred to as the ‘Act, 2013’), the writ petition was amended by pleading that neither any compensation has been paid in respect of the area 1-11-8 of the plot in dispute nor possession of the same has been taken, as such, in view of the provisi