Court No. - 3
Case :- WRIT - C No. - 7218 of 2019
Petitioner :- Tejpal Singh And 5 Others
Respondent :- State Of U.P. And 3 Others
Counsel for Petitioner :- Shri Krishna Mishra
Counsel for Respondent :- C.S.C.,Kaushalendra Nath Singh
Hon'ble Pankaj Kumar Jaiswal,J.
Hon'ble Dr. Yogendra Kumar Srivastava,J.
(Per : Dr. Yogendra Kumar Srivastava,J.)
1. Heard Sri Shri Krishna Mishra, learned counsel for the petitioners and Sri Suresh Singh, learned Additional Chief Standing Counsel appearing for the State respondents.
2. By means of the present writ petition, a direction has been sought to respondent no.4/Additional District Magistrate (Land Revenue) Noida, Gautam Budh Nagar to take a decision on the application of the petitioners dated 26.09.2014 filed under Section 28A of the Land Acquisition Act, 18941 within a stipulated period and a further direction to the respondents to redetermine the compensation awarded to the petitioners at the rate of Rs.297/sq. yard i.e. the rate determined in terms of the judgment and order passed in First Appeal No.326 of 2009.
3. The brief facts of the case are set out herein below.
4. Pursuant to a notification dated 22.03.1983 issued under Section 4(1) of the Act, 1894 an award was made on 09.05.1985 by the Special Land Acquisition Officer, Ghaziabad in respect of certain land parcels situate in Village Chhalera Khadar, Pargana and Tehsil Dadri, District Ghaziabad (now part of District Gautam Budh Nagar).
5. It is submitted by the learned counsel for the petitioners that against the award dated 09.05.1985 the predecessors in interest of the petitioners did not file any application under Section 18 of the Act, 1894. However, against the award certain other persons filed applications giving rise to land acquisition references which were decided by the District Judge, Gautam Budh Nagar vide order dated 31.01.2003, and the compensation amount was redetermined.
6. Against the the judgment and order dated 31.01.2003 passed by the District Judge, Gautam Budh Nagar in the land acquisition references, a First Appeal No.326 of 2009 was filed before this Court which came to be decided vide judgment dated 24.07.2014 and the compensation amount was again redetermined. Claiming the benefit of the redetermination of compensation amount in terms of the judgment and order dated 24.07.2014 passed in First Appeal No.326 of 2009, an application under Section 28A was filed by the petitioners on 26.09.2014 making a prayer for granting them benefit of redetermination of compensation amount in terms of the order passed in First Appeal No.326 of 2009. The present writ petition has been filed seeking a direction to respondent no.4 to take a decision on the application dated 26.09.2014 filed by the petitioners under Section 28A and for redetermination of the compensation awarded to the petitioners and payment of the same on the basis of rates redetermined in terms of the judgment and order passed in First Appeal No.326 of 2009 decided on 24.07.2014.
7. Learned counsel for the petitioners submits that the application under Section 28A of the Act, 1894 filed on 26.09.2014, was within the three months period of limitation from the date
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