SHYAMVEER Vs. STATE OF U P & ANOTHER

JUDGEMENT

(1.) The relief that has been claimed in the writ petition is that the application filed by the petitioner under section 28-A of the Land Acquisition Act, 1894 (hereinafter referred to as the 'Act') may be decided. The petitioner claims to have filed this application for re-determination of the amount of compensation on the basis of the award made by the Reference Court under section 18 of the Act on 30 May 2002.

(2.) In paragraph 8 of the writ petition, it is stated that the petitioner had filed the application under section 28-A of the Act on 8 August 2002/14 August 200 Only a typed copy of the application has been enclosed. A photostat copy of the said application which can indicate the seal and endorsement about receipt has not been enclosed. In paragraph 9 of the writ petition, the petitioner has further asserted that he had submitted a reminder for deciding the application on 28 May 2011. A photostat copy of the application containing a seal of the office of the Special Land Acquisition Officer and an endorsement dated 30 May 2011 has been enclosed.

(3.) A counter affidavit has been filed by the respondents and in paragraph 8 of the counter affidavit, the respondents have denied the filing of the application by the petitioner on 8 August 2002/14 August 2002 or the reminder on 28 May 2011 and the averments are as follows :