MUNESHWAR Vs. STATE OF U.P.

JUDGEMENT

(1.) Heard Sri Arun Kumar Jaiswal, learned counsel for the petitioners, Sri D.K. Bhatt, learned Standing Counsel for the respondent no. 1/State and Sri Ratnesh Chandra, learned counsel for the respondent no. 2/U.P. Avas Evam Vikash Parishad.

(2.) By this writ petition the petitioners are praying for issuance of writ of mandamus directing the respondent no. 1 to re-determine the amount of compensation on the application of petitioner filed under Section 28 (A) of the Land Acquisition Act dated 28.05.2009, on the basis of the award of the Court dated 31.03.2009 passed in Misc. Case No. 3 of 1995.

(3.) Brief facts of the case are that the land in question was acquired under Section 28 of U.P. Avas Evam Vikash Parishad Adhiniyam 1965 on 25.08.1973 and declaration under Section 32 of the 1965 Act was made on 20.07.1980. The possession of the land of the petitioners were taken by the Collector and, thereafter, the same was transferred to the acquiring body i.e. U.P. Avas Evam Vikash Parishad. On 23.09.1986 the award under Section 11 of the Land Acquisition Act was declared and the predecessors of the petitioners had not filed reference petition but in the meanwhile other land owners whose land was acquired under the same notification preferred reference petition under Section 18 of the Land Acquisition Act and the learned District Judge decided the matter on 31.03.2009 in Misc. Case No. 3 of 1995 by enhancing the compensation from Rs. 1.13 per square feet to Rs. 3.50 per square feet. Present petitioners on coming to know the said fact filed an application under Section 28 (A) of the Act for taking benefit of the award made on 31.03.2009 and prayed for compensation at the rate of Rs. 3.50 per square feet.