SAYEED ALAM Vs. STATE OF U P

JUDGEMENT

(1.) THE petitioners before this Court claim to be the recorded tenure-holders of plot bearing Khata Nos. 156 and 38. It is stated that the land covered by the aforesaid khata number, was subject- matter of acquisition proceeding under the Land Acquisition Act (hereinafter referred to as 'the Act') as per the Notification dated 28.5.1989 issued under Section 6(1) of the Act. It is stated that the petitioner accepted the compensation determined by the Land Acquisition Officer and did not make any reference in that regard under Section 18 of the Act. It is further stated that other tenure-holders whose land was also acquired under the same Notification, made a reference qua rate of payment of compensation. THE matter was adjudicated under an award dated 16th August, 1999 passed in L.A.R. No. 42 of 1993 the rate of compensation for the land so acquired has been enhanced.

(2.) ON the aforesaid award being made, the petitioner made an application under Section 28-A of the Act before the Land Acquisition Act for payment of compensation at the enhanced rates with reference to award dated 16.8.1999. The application so made by the writ petitioner was rejected vide order dated 17.1.2007 (Annexure 3 to the writ petition) on the ground that against the award dated 16.8.1999, the State of U.P. has preferred First Appeal No. (550) of 2005 before the Hon'ble High Court.

(3.) WE have heard learned counsel for the parties and have gone through the record of the present writ petition.