ORDER :

1. Heard Sri Nirmal Tewari, learned counsel for the petitioner and Sri Virendra Singh, learned counsel for the respondents-U.P. Awas Evam Vikas Parishad.

2. In the above captioned writ petitions, the petitioner is challenging the orders dated 24.03.1999 passed by the Competent Authority/Executive Engineer, Construction Division-III, U.P. Avas Evam Vikas Parishad, Lucknow (respondent no. 4), whereby the respondent no. 4, while invoking the provisions of Section 83 of the U.P. Avas Evam Vikas Parishad Adhiniyam, 1965 (hereinafter referred to as "Adhiniyam", directed the petitioners to remove illegal encroachment and construction made by them over Khasra No. 129 situated at village Bistauli, District Lucknow by 10.4.1999, otherwise, the Parishad will demolish the illegal construction made by them over the land in question for which they are responsible.

3. Since common questions of law and facts are involved in the above-captioned writ petitions, therefore, they are being decided by a common order.

4. Brief facts of the case are that proceedings for acquisition of a large tract of land situated in Village Bastauli, Pargana, Tehsil and District Lucknow were initiated by issuance of a notification under Section 28 of the Adhiniyam on 17.03.1979, for a Scheme called "Ram Sagar Mishr Nagar Vistar Yojna". This was followed by a declaration made under Section 32 of the Adhiniyam on 23.3.1980. As the provision of Section 17 of the Land Acquisition Act was invoked, the possession of the land was delivered on 3.2.1983, 11.1.1982, 3.2.1983 and 24.4.1985, respectively. The award was ultimately made on 18.09.1985.

5. It appears that plot in question was a larger plot but in minjumla plot Gata No. 129-M, measuring 0-2-0, the name of Triloki Nath Gupta was entered as Bhumidhar, who had earlier filed an application praying that land under his tenancy be exempted from the land acquisition. In the award, it has been mentioned that Awas Vikas Parishad exempted only a portion of the land and possession over remaining land has been taken over by the Avas Vikas Parishad. Thereafter, Triloki Nath Gupta has filed writ petition no. 5605 (M/B) of 1999: Triloki Nath Gupta Vs. U.P. Avas Evam Vikas Parishad, Lucknow, with the grievance that he would be entitled for payment of compensation. A Coordinate Bench of this Court, on considering the fact that the writ petition has been filed after a lapse of more than 11 years particularly when the award was finalized on 18.9.1985, therefore, the writ petitioner cannot be permitted to file such a belated writ petition and further once land has been acquired and possession taken over, it cannot revert back to the tenure holder, dismissed the writ petition vide judgment and order dated 6.7.2000. Order dated 6.7.2000 reads as under:

"From the award dated 18-9-1985, it transpires that notification under section 28 of the U.P. Avas Evam Vikas Parishad Adhiniyam which is similar to Section 4 of the Land Acquisition Act was issued on 17-3-1979 and a declaration was issued on 23-3-1980. As the provision of Section 17 of the Land Acquisition Act was invoked, the possession of the land was delivered on 3-2-1983, 11-1-1982, 3-2-1983 and 24-4-1984. The award indicates that Plot No. 129 measuring about 18-4-14 was acquired. The petitioner filed the claim petition.

It appears that Plot No. 129 was a larger plot but in minjumla Plot Gata No. 129-M measuring 0-2-0 the name of Triloki Nath Gupta was entered as Bhumidhar. Sri Triloki Nath Gupta preferred an application praying that land under his tenancy be exempted from the land acquisition. It was mentioned in the award that the Awas Evam Vikas Parishad exempted only a portion of the land and possession over remaining land has been taken over by the Avas Evam Vikash Parishad, hence the petitioner would be entitled for payment of compensation.

It has been pointed by the learned counsel appearing on behalf of the Avas Evam Vikas Parishad that 288 Sq. feet land over which the constr