LAWS(ALL)-1999-3-79

MAHENDRA KUMAR Vs. STATE OF U P

Decided On March 06, 1999
MAHENDRA KUMAR Appellant
V/S
STATE OF UTTAR PRADESH Respondents

JUDGEMENT

(1.) THE petitioners seem to have become wiser after the event when amendments were made in 1984, to the Land Acquisition Act, 1894. THEse amendments made provisions for certain additional payment like solatium and an increase in the rate of interest, paid alongwith compensation. About 15 years after amendments to the Act, the petitioners as an after thought that they could move an application under Section 28-A, itself a product of amendment and seek additional payment.

(2.) THE petitioners, three sons of late Bhulai Yadav, claim that they have no knowledge about the land acquisition proceedings. THE plea of the petitioners is itself inequitable and unclean. THE father of the petitioners received an account payee cheque, 'dated 15 March, 1983 as compensation. On an enquiry from the Court, it was intimated that the petitioners' father died in December, 1997. So, any person who may have a locus standi to move an application under Sec tion 28-A, and contend that the compensa tion be redetermined was the petitioners' father.