VISHNU PRATAP SINGH Vs. STATE OF U P

JUDGEMENT

(1.) THE present wrist petition has been filed for issue of a writ of mandamus commanding the respondent no. 3 to make a reference to the District Judge, under section 30 of the Land Acquisition Act (hereinafter referred to as the Act).

(2.) THE facts in brief are that plot no. 631, area 4 bigha 18 biswansi, situate in village Tappa Khurd, Tehsil ;and district Firozabad, was acquired by the State Government under the provisions of the Act, for the purpose of Navin Mandi Samiti and the State Government had taken possession of the land under section 17 of the Act. Har Prasad, respondent no. 4, was tenure holder of this plot and an award was made by the Special Land Acquisition Officer, respondent no. 2, in his favour.

(3.) THE petitioner, on the other hand, moved an application before the Special Land Acquisition Officer on 27-4-1989 purporting to be under section 30 of the Act requesting for payment of compensation under the award to him and to make a reference to the District Judge. He also filed an objection to the application filed by Hat Prasad. THE Special Land Acquisition Officer rejected the application of the petitioner for making a reference. He took the view that the sale deed dated 21-4-89 under which the petitioner was claiming the right to receive this amount of award was an unregistered document and was unenforceable under law. THE matter could not be referred to the District Judge under section 30 of the Act without any cogent reasons