OM PRAKASH Vs. STATE OF U P

JUDGEMENT

(1.) We have heard Shri Madan Mohan, learned counsel for petitioners. Learned standing counsel appears for the respondents. The substitution of the heirs of petitioner Nos, 4,5 and 9 has been carried out.

(2.) The petitioners have prayed for setting aside the orders dated 29.12.1994 communicated to them on 31.5.1995 by the Additional District Magistrate (Land Acquisition) (Joint Organization), Meerut, rejecting their applications under Section 28A of the Land Acquisition Act, 1894 (in short the Act) on the ground that the applications were made beyond the prescribed period of three months from the date of the award, deciding the reference under Section 18 of the Act.

(3.) The petitioners' agricultural land, situated in Village Baral Partappur Tehsil and District Meerut, was acquired by a notification under Section 4 of the Act dated 5.4.1980 for the purposes of construction of by-pass road. By an Award under Section 1-1 (1) of the Act dated 12.9.1981, the Special Land Acquisition Officer, Meerut declared the compensation to be paid @ Rs. 17.23 per square yard. Shri Dharamveer Singh and others filed a Land Acquisition Reference No. 131 of 1985, Dharamveer Singh and others v. State of U.P. and others under Section 18 of the Act. The reference was decided by an award/order on 2.1.1990 enhancing the compensation of the land @ Rs. 22.97 per square yard.