NANAK Vs. STATE OF U P

JUDGEMENT

(1.) THE instant petition has been filed by the petitioner for issuing a mandamus to the respondent No. 5, the Special Land Acquisition Officer, Ghaziabad to dispose of the applications filed by the petitioners under Section 28A of the Land Acquisition Act, 1894 (hereinafter called the Act).

(2.) THE petitioners' land was acquired along with the land of the others by issuing a notification under Section 4 of the Act on 16.7.60 (Annexure 2 to the writ petition). Declaration under Section 6 of the Act was issued in respect of the land in question on 20.5.62 (Annexure 3 to the writ petition) and the petitioners had been dispossessed from the land on 16.4.65 though the award under Section 11 of the Act was made on 18.9.77. THE petitioners case is that they did nob file the references under Section 18 of the Act. THE L.A.R. No. 304/77 "Hemchand and others v. State of U. P. and others" was decided by the reference court vide award dated 31.3.87 Annexure 4 to the writ petition. THE petitioners preferred their applications under Section 28A of the Act promptly for re-determination of compensation in respect of their respective plots of land which had been acquired by the same notification under which the land which had been the subject-matter of L. A. R. No. 304 of 1977 was acquired.

(3.) IN spite of the fact that time was granted on 4.8.95 for filing counter- affidavit to the learned standing counsel, but the same has not been filed till date.