CHETAN DAS Vs. VIITH ADDITIONAL DISTRICT JUDGE ALLAHABAD

JUDGEMENT

(1.) AGAINST an award of the Special Land Acquisition Officer dated 27-2-1981 the petitioner and his brother Bhagwan Das filed reference applications under section 18 of the Land Acquisition Act before the District Judge. On these reference applications the District Judge reduced the compensation which he could not have validly done in view of section 25 of the Land Acquisition Act. Bhagwan Das filed a review application which was allowed by order dated 27-7-1985 (annexure-3 to the writ petition), and the compensation was enhanced. However, the petitioner's review application was dismissed on the ground of limitation. Aggrieved the petitioner has filed this writ petition.

(2.) IN my opinion without going into the question of limitation this case can be disposed of in accordance with the judgment of the Honourable Supreme Court in Vishwanathan Pillai v. Special Tehsildar, 1991 Vol. IV SCC 17, where it has been held that if the claim of a co-owner is decreed, the benefit thereof will also enure in favour of the other co-owners. Accordingly I direct that the petitioner will also get compensation at the same rate as Bhagwan Das. The writ petition is allowed and a mandamus is issued accordingly. There is no order as to costs. Petition allowed.