OM PRAKASH Vs. STATE OF U.P.

JUDGEMENT

(1.) This writ petition has been filed with the following reliefs which are quoted herein for ready reference-:

(2.) It is a case where a land belonging to the petitioners in village Gujarpur was acquired. A notification under Section 4 of the Land Acquisition Act, 1894 (In short "Act of 1894") was published on 01.03.1989. An award was thereupon made after completion of the process. The petitioners accepted the compensation. It is alleged that the compensation of other land was determined on higher side subsequently on a reference under Section 18 followed by the judgment of the Civil Court and finally by the Apex Court on 05.12.2016. The petitioners made an application under Section 28A of the Act of 1894 on 20.02.2020 for enhancement of compensation. A perusal of the application shows that land of the petitioners was in village Gujarpur while the land of others was in village Haldona Ecchar Kaasna Tugalpur. In any case, the question for our consideration would be as to whether a direction for enhancement of compensation can be given in the light of Section 28A of the Act of 1894 and for that consideration of the application having not preferred within three months to the award of the Court..

(3.) Learned counsel for the petitioners submits that the issue raised in this petition is pending consideration before the Apex Court in the case of Muni Ram and others Vs. State of U.P. and others, Special Leave Petition (C) Diary No. 42598/2019. The prayer was to defer the matter awaiting judgment of the Apex Court.