A.P. Sahi, J. - (1.) THE challenge in the present writ petition is to the order dated 6.8.2003 passed by the Special Land Acquisition Officer, Varanasi, rejecting the application of the petitioners under section 28 -A of the Land Acquisition Act, 1894 as being irregular, doubtful and misleading. We have heard Sri Shyam Dhar Pandey, learned Counsel for the petitioners and learned Standing Counsel on behalf of the respondents. Affidavits have been exchanged between the parties, which are on record.
(2.) THE dispute is with regard to plot No. 802 area 0.31 decimals of Village Seergoverdhanpur, Tahsil and District Varanasi. The undisputed facts are that the property in question was acquired by a notification under the Land Acquisition Act. Another parcel of land under the same notification became subject matter of reference under section 18 and the compensation awarded therein was enhanced vide reference No. 11.2 of 1992, Lallu Prasad v. State of U.P. dated 23.3.1993. Petitioners' claim is founded on the basis of an application moved on 22.6.1993 for awarding of compensation at par with the amount awarded in the aforesaid reference. The said application dated 22.6.1993 has been rejected by the impugned order on the ground that the award was made in favour of ten persons whereas the application has been moved for the benefit of eight persons only. It is further recorded in the impugned order that the said application initially appears to have been moved on behalf of Nandu son of Vishwa Nath which was typed and thereafter the names of other persons have been added in ink. There is a thumb -impression, apart from the signatures of seven persons, at the bottom but the identity of the thumb -impression is not disclosed. It is further stated that the vakalatnama was prepared on 11.6.1993 but there is an over writing thereon and date has been changed to 22.6.1993.
(3.) TAKING into account the aforesaid facts about the application moved, the Special Land Acquisition Officer has concluded that it is self evident that' the application was originally prepared for Nandu son of Vishwa Nath and the names of the other persons were added which appears to have been done between 11.6.1993 and 22.6.1993.;