- (1.) Heard learned counsel for the petitioners.
(2.) The petitioners have preferred the present writ petition with the following prayers :- "i) Issue a writ of mandamus commanding the respondent no. 3, Special Land Acquisition Officer (Nagar Maha Palika) Allahabad, respondent no. 3 to decide the application dated 10.10.2017 under Section 28A of the Land Acquisition Act, 1894 for re-determination of the amount of compensation on the basis of the award of the court in Reference No. 159/89 Mustaq Khan and others Vs. State of U.P. through Collector, Allahabad regarding the adjoining land acquired by same notification dated 6.3.1983/16.6.1983 (Annexure-2 to the writ petition). ii) Issue any other writ, order or direction which the Hon'ble Court may deed fit and proper in the circumstances of the case. C) Award the cost the petition in favour of the petitioners."
(3.) The facts, in brief, as contained in the writ petition are that the father of the petitioners Late Mohd. Idrish Khan was the Bhumidhar of Gata No. 159/2 area 10 biswa, gata no. 176 area 1 bigha 5 biswa and gata no. 458 area 1 bigha 10 biswa situated at Village Chak Babura, Alimabad, Pargana Arail, Tehsil Karchana, District Allahabad (hereinafter referred to as the "land in question"). The father of the petitioners died on 11.01.1998 leaving behind the petitioners as his legal heirs. The land in question was acquired by the State Government by notifications dated 6.6.1983 and 16.6.1983 issued under Sections 4(1) & 6(1) of the Land Acquisition Act, 1894 (hereinafter referred to as the "Act, 1894") respectively. The Special Land Acquisition Officer (Nagar Mahapalika), Allahabad by his award dated 22.9.1986 had also awarded compensation according to market value prevailing at the time of issuance of notification under Section 4(1) of the Act, 1894 on 6.6.1983.;