- (1.) By means of the present writ petition filed under Article 226 of the Constitution of India, the petitioner seeks a writ, order or direction in the nature of certiorari calling for records and quashing the impugned order dated 19th September, 2006, passed by the Special Land Acquisition Officer, Varanasi, respondent No. 1 filed as Annexure-5 to the writ petition. Further, a writ of mandamus commanding the respondent No. 1 to pay the compensation awarded along with prescribed interest including solatium as mentioned in Section 34 of the Land Acquisition Act, 1894 has also been sought.
(2.) Briefly stated the facts giving rise to the present writ petition are as follows: An area of 33 decimal of plot No. 564 situate in village Khulaspur, Pargana Kaswar Raja, Tehsil and district Varanasi belonging to the petitioner was permanently acquired for construction of Lohata Minor under the provisions of the Land Acquisition Act, 1894 (hereinafter referred to as 'the Act'), the Notification under Section 4(1) of the Act was issued on 12.5.1984 and that under Section 6 was issued on 2.6.1984. The possession of the land was taken on 1.8.1982. The award was made on 29.8.1985. For some reason, the petitioner did not file reference under Section 18 of the Act. However, other claimants whose land have been acquired under the same Notification filed Reference No. 260 of 1989, Jaidev v. Collector, Varanasi. The reference was partly allowed vide judgment and order dated 31.5.1990. On the basis of the aforesaid judgment, the petitioner made an application on 3.9.1990 under Section 28A(1) of the Act claiming same compensation as has been given/awarded in Reference No. 260 of 1989 to other claimants. The said application was allowed vide order dated 23.8.2001 and the compensation was fixed at Rs. 2,500 per decimal. However, on the enhanced compensation so awarded, the petitioner was not paid solatium and interest as also interest on solatium. He, therefore, filed an application on 20.11.2001. before the Special Land Acquisition Officer, Varanasi respondent No. 1 claiming payment of the aforesaid amount. The application was rejected vide order dated 19.9.2006. Feeling aggrieved, the petitioner has approached this Court by means of this writ petition.
(3.) Counter and rejoinder-affidavits have been exchanged between the parties.;