OM PRAKASH Vs. U O I

JUDGEMENT

(1.) The petitioner was the owner of land ad-measuring 16 bighas 4 biswas, situated in Village Dallupura, Delhi which came to be acquired pursuant to a Notification dated 10.11.1959 under Section 4 of the Land Acquisition Act, 1898(`Act'), a declaration dated 20.6.1966 under Section 6 of the Act followed by an Award No.2052-E/71-72/Suppl. dated 30.12.1967.

(2.) The Land Acquisition Collector(`LAC') had fixed the compensation at Rs.500/- per bigha. Pursuant to the reference petitions under Section 18, the learned Additional District Judge, Delhi (`ADJ') by a judgment dated 7.1.1994 enhanced the compensation to Rs.8054/- per bigha following the judgment of this Court in RFA No.128 of 1982 (Om Prakash v. Union of India).

(3.) The petitioner did not file an application under Section 18. However, the petitioner claims to have submitted a petition on 9.3.1994 under Section 28- A of the Act to the LAC for the award of the enhanced compensation in terms of the said order dated 7.1.1994 of the learned ADJ. The petitioner claims that this application was in fact given to the Office of the LAC (DS) on 9.3.1994. The petitioner states that he made another application, more than 8 years later, on 15.11.2002 to the LAC annexing a photocopy of the earlier application dated 9.3.1994 and reiterating his prayer for enhanced compensation. When no reply was received to this subsequent application dated 15.11.2002, the petitioner on 7.11.2003 filed this writ petition under Article 226 of the Constitution, seeking the following relief: