S.P.SRIVASTAVA, J. - (1.) Feeling aggrieved by an order passed by the Collector/ Land Acquisition Officer, rejecting the application of the petitioner for the redetermination of the compensation awarded to him under Section 28A of the Land Acquisition Act, he has now approached this Court for redress seeking quashing of the impugned order dated 23-7-1987 and a direction to the respondent No.1 to redetermine the amount of compensation payable to the petitioner in respect of the land in dispute.
(2.) We have heard the learned Counsel for the petitioner as well as the learned Standing Counsel representing the respondents and perused the record.
(3.) From the materials on record it is apparent that a total area of 10 acres of land situate in villages Lakhanpur alias Abhianpur, Rewara Paraspur and Ahamadpur Phulwaria were acquired in the proceedings initiated vide the notification dated 5-4-1978 under Section 4 of the Land Acquisition Act, in continuation whereof the notification under Section 6 of the Act was published on 13-4-1978. The plot No.229 M having an area of 1 Bigha 11 Biswas and plot No.230 having an area of 13 Biswas situate in village Ahmadpur Phulwaria belonging to the petitioner formed part of the 10 acres of land which had been acquired as indicated above. Under the same notification plot No.24M having an area of 4 Bighas, 7 Biswas, 4 Biswansis belonging to Mewalal situate in village Rewari paraspur had also been acquired which also formed part of the Total area of 10 acres of land which was the subject matter of the aforesaid notification. This entire area had been acquired for the public purpose namely for the construction of Government Carpet Institute at Bhadohi in district Varanasi. It appears that at the instance of Mewalal, a reference under Section 18 of the Land Acquisition Act was made which was registered as Land Acquisition Reference No.150 of 1984. This reference was decided on 9-2-1987 by the Court and under its award the compensation in respect of the land belonging to Mewalal which formed part of the total 10 acres area which had been acquired for the public purpose was enhanced by allowing the reference in part vide the judgment and order of the Vth Additional District and Sessions Judge, Varanasi dated 9/02/1987.;