PREM RAJ SINGH Vs. STATE OF U P

JUDGEMENT

(1.) THE land in dispute has been acquired for the benefit of Yamuna Express Industrial Development Authority (the Authority). In pursuance of the acquisition the award was also made in favour of respondent nos. 2 to 20. THE petitioner filed an application under Section 30 of the Land Acquisition Act (the Act) to refer the matter to the Civil Court for apportionment and restraining the respondent nos. 2 to 20, from receiving the compensation. This application has been rejected on 30.4.2009. Hence the present writ petition.

(2.) WE have heard counsel for the petitioner and the standing counsel for the respondents.

(3.) THE power to refer the dispute under Section 30 of the Act has been held to be discretionary. (See Dr. G.H. Grant Vs. State of Bihar, AIR 1966 SC 237; G.Venkata Reddy Vs. K.Krishna Reddy AIR 1982 AP 86; Vishnu Pratap Singh Vs. State of U.P. 1993 LAC 484).