JUDGMENT

Lok Pal Singh, J. - Since common question of law and fact is involved in both the writ petitions, filed under Article 226 of the Constitution of India, therefore, the same are taken up together and are being decided by this common judgment for the sake of brevity and convenience.

2. Writ petition no. 1428 (M/S) of 2015, Bhaw Hari Har Lal Vs Collector / District Magistrate, Dehradun and others has been filed by the petitioner stating therein that petitioner is the owner of the land plot no. 269, admeasuring 1.26 Acres, situated in revenue Village Jakhan, Pargana Central Doon, District Dehradun. The U.P. Avas Evam Vikas Parishad acquired 30.35 Acres of land in Village Jakhan for residential housing scheme known as "Rajpur Road Bhumi Vikas and Grah Sathan Yogna-1, Dehradun", which includes the land of the petitioner. Notification under U.P. Avas Evam Vikas Parishad Act, 1965 (hereinafter referred to as 1965 Act) was published in the official Gazette on 15.07.1972. Award was made on 18th March 1983. The possession of the acquired land was taken by the U.P. Avas Evam Vikas Parishad on 28th January 1981. The said land of the petitioner was notified and possession was taken, but no award was made by the Special Land Acquisition Officer (SLAO for short), pursuant to the acquisition Notification dated 15.07.1972.

3. Feeling aggrieved by non-awarding of the amount of compensation, the owner of the land (petitioner herein) preferred a Writ Petition no. 7290 of 1988, Bhaw Hari Har Lal Vs Special Land Acquisition Officer and others, before Hon'ble Allahabad High Court. After the creation of State of Uttarakhand, the aforesaid writ petition was received by transfer to this Court and was renumbered as WPMB no. 184 of 2005. This Court vide judgment and order dated 04.09.2006 disposed of the writ petition holding that since the award has not been made within two years from the date of Notification, in view of Section 11A of the Land Acquisition Act, 1894, the acquisition proceedings have lapsed and it was directed to issue fresh Notification under Sections 28 and 32 of the 1965 Act and make the award in accordance with law within a period of two months from the date of production of certified copy of the order.

4. Feeling aggrieved by order dated 04.09.2006, U.P. Avas Evam Vikas Parishad preferred Special Leave to Appeal (C) no. 6952 of 2007. The Hon'ble Apex Court vide its judgment and order dated 22.07.2013 was pleased to dismiss the Special Leave Petition. Thereafter, the review and curative petitions were also dismissed on 23.07.2014. In the meantime, Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (hereinafter referred to as the 'Act no. 30 of 2013') came into force which repealed the Land Acquisition Act, 1894. Despite the directions issued by this Court vide judgment and order dated 04.09.2006, the award was not made by the SLAO. Then, another Writ petition, being WPMS no. 2765 of 2014, Bhaw Hari Har Lal Vs State of Uttarakhand and others was filed, but the same was withdrawn by the petitioner with liberty to file afresh with complete and better particulars. The said writ petition was dismissed as withdrawn by this Court vide order dated 17.04.2014. Thereafter, the present writ petition has been filed.

5. The grievance of the petitioner in instant writ petition is that since the award has not been made, therefore, direction be issued to the SLAO concerned to pass an award in view of the provisions contained in the Act no. 30 of 2013. As the acquisition proceedings were not initiated by the U.P. Avas Evam Vikas Parishad pursuant to the directions issued by the Division Bench of this Court vide order dated 04.09.2006, as affirmed by Hon'ble Apex Court in the Special Leave Petition, the matter was taken up before a co-ordinate Bench of this Court on 20.08.2016. Assurance was made by learned counsel for U.P. Avas Evam Vikas Parishad that negotiations were going on between th