RAMAPATI Vs. COLLECTOR

JUDGEMENT

(1.) This writ petition has been filed for quashing the order dated 27.8.1998 (Annexure-3), by which the application of the petitioner under Section 28A of the Land Acquisition Act, 1894 (hereinafter called the Act) has been rejected on the ground that petitioner had accepted the award and withdrawn the compensation without making any protest.

(2.) Facts and circumstances giving rise to this case are that a large area of land was acquired, vide Award dated 7.12.1979 after completing the mandatory requirements under the Act. Petitioner claims that his land measuring 13 biswas and 2 dhoors stood acquired by the said acquisition proceedings, and award in respect of the same had been accepted without protest. Nor he applied for reference under Section 18 of the Act. In respect of some other land, reference under Section 18 was decided vide order dated 16.9.1989 by the Additional District Judge, Varanasi. Petitioner filed an application under Section 28A of the Act on 4.12.1989. The application remained pending for long time.

(3.) Being aggrieved by the non-action of the respondent No. 2 petitioner filed Writ Petition No. 16481 of 1998 before this Court which was disposed of vide order dated 12.5.1998 directing the respondent No. 2 to decide the said application within a stipulated period. In pursuance thereof, the application of the petitioner was considered and rejected vide impugned order. Hence, this petition.