Saurabh Lavania, J.

Heard Sri Mehndi Abbas Rizvi Advocate, holding brief of Sri S.K. Mehrotra, learned Counsel for the petitioner and Sri S.B. Pandey, learned Additional Solicitor General of India, learned Counsel for the respondents-Union of India.

2. By means of the present writ petition the petitioner has challenged the order dated 20.5.2000 ( Annexure No.-1 to the Writ Petition) passed by the Claims Commissioner Ayodhya, District Faizabad under the Acquisition of Certain Area at Ayodhya Act, 1993 (hereinafter referred as "Act No.33").

3. By the order under challenge dated 20.5.2000 the Claims Commissioner Ayodhya- opposite party no.2 awarded the amount of compensation to the tune of Rs. 3,13,399.00/- and denied the claim with respect to 3 idols.

4. The prayers in the writ petition are to the effect that the opposite party no.2 be directed to re-determine the compensation/claim of the property of the petitioner acquired under the Act No.33 including the idols.

5. Admitted fact as appears from the record, are to the effect that the petitioner and the private opposite parties in the instant petition were the co-owner in possession at the time of acquisition of property in issue i.e. House No.-10/12/16 (old no.-642/501) situated at Revenue Plot No.-162, Mohalla- Ramcoat Ayodhya District Faizabad.

6. The submission of learned Counsel for the petitioner is based on Act No.33 and Regulations of Procedure made there under by the Claims Commissioner-opposite party no.2.

7. The relevant provisions i.e. Section 3, Section 4(1) and Section 8(1) of the Act No.33 of 1993 are reproduced as under:-

"Section 3 Acquisition of rights in respect of certain area.- On and from the commencement of this Act, the right, title and interest in relation to the area shall, by virtue of this Act, stand transferred to, and vest in, the Central Government.

Section 4(1).General effect of vesting.-(1) The area shall be deemed to include all assets, rights, leaseholds, powers, authority and privileges and all property, movable and immovable, including lands, buildings, structures, shops of whatever nature or other properties and all other rights and interests in, or arising out of, such properties as were immediately before the commencement of this Act in the ownership, possession, power or control of any person or the State Government of Uttar Pradesh, as the case may be, and all registers, maps, plans, drawings and other documents of whatever relating thereto.

Section 8(1). Payment of amount.-(1) The owner of any land, building, structure or other property comprised in the area shall be given by the Central Government, for the transfer to and vesting in that Government under Section 3 of that land, building, structure or other property, in cash an amount equivalent to the market value of the land, building, structure or other property."

8. In the Act No.33 of 1993 the Claim Commissioner is empowered/authorized to regulate its own procedure for receiving and deciding the claims, as would appear from Sub-Section 3 of Section Section 8. Section 8 of the Act No.33 deals with payment of amount.

9. It appears that in exercise of power provided under the Act, the opposite party no.2 framed the Regulation of Procedure, annexed as Annexure No.-10 to the writ petition. The regulation-9, quoted below is relevant in the instant case, which reads as follows:-

"Regulation 9:-In order to determine the market value of the acquired property under Section 8 of the Act, the Claims Commissioner may,

(a) In order to assess the market value of the land,

(i) fix on basis of exempler among sale deeds two years prior from the date of coming into force of this Act, or

(ii) if exempler is not available on the basis of rates of land fixed for the purpose of stamp duty as circulated by th Collector/District Stamp Officer, Faizabad on the date of the commencement of the Act.

(b) take assistance of Central Government agencies and if need be State Forest Department for the valuation of trees o