RAM CHANDRA Vs. STATE OF U. P.

JUDGEMENT

(1.) This writ petition has been filed challenging the order dtd. 27/4/2022 passed by the Additional District Magistrate (Land Acquisition)/ (Housing), Kanpur Nagar, rejecting the petitioners' application for enhancement of compensation under Sec. 28-A of the Land Acquisition Act, 1894 (for short, 'the Act of 1894'). A further writ in the nature of mandamus has been sought directing the respondents to pay compensation to the petitioners in terms of the award dtd. 25/1/2021 passed by the Additional District Judge, Kanpur Nagar in Case No.257/70 of 1993 and in view of the revised award dtd. 24/9/2009 passed by the Special Land Acquisition Officer (Housing), Kanpur Nagar.

(2.) The petitioners essentially claim to exercise their right under Sec. 28-A of the Act of 1894 on the ground that they have not challenged the Collector's award through a reference under Sec. 18 of the Act of 1894, but sought re-determination of the same under Sec. 28-A, based on the revised award dtd. 24/9/2009 relating to the same acquisition for some landholders.

(3.) As application under Sec. 28-A of the Act of 1894 preferred by the petitioners was not decided for a long time and they filed Writ - C No.33973 of 2012 for a direction to the Collector to decide the application. The application was directed to be decided vide order dtd. 15/9/2016 passed in the aforesaid writ petition. The order was not complied with, leading to initiation of proceedings for contempt. After contempt proceedings were initiated, the Additional District Magistrate (Land Acquisition) proceeded to reject the application vide order dtd. 20/3/2017 holding that the petitioners' claim for enhancement under Sec. 28-A of the Act 1894 was not tenable.