LAWS(ALL)-2011-5-429

VED PRAKASH Vs. ADDL. DISTRICT MAGISTRATE AND ORS.

Decided On May 02, 2011
VED PRAKASH Appellant
V/S
Addl. District Magistrate And Ors. Respondents

JUDGEMENT

(1.) HEARD Shri Sharad Madhyan, learned Counsel for the Petitioner and the learned Standing Counsel. No notice is being issued to the Respondent Nos. 2 to 9 in view of the order which is being passed. However, liberty is reserved for Respondent Nos. 2 to 9 to make an application for variation or modification of the order if they feel so aggrieved.

(2.) BY this writ petition, Petitioner has prayed for a mandamus directing the Respondent No. 1 to refer the application of the Petitioner under Section 30 of the Land Acquisition Act, 1894 (hereinafter called the "Act, 1894") to the District Judge for adjudication and till the matter is finally decided, compensation may not be disbursed to anyone.

(3.) SHRI Sharad Madhyan, learned Counsel appearing for the Petitioner submits that the application can be filed under Section 30 of the Act, for reference by any of the claimants, and there is no limitation for filing an application under Section 30 of the Act. He submits that the right accrued to the Petitioner to claim apportionment of compensation after the death of Ganga Ram and the application which has been made needs to be referred under Section 30 of the Act, 1894.