- (1.) The U.P. Avas Evam Vikas Parishad1 has filed this petition to assail the order dated 4 March 2015 passed by the Special Land Acquisition Officer (Avas), Kanpur Nagar on the application filed by the late father of Santosh Kumar who has been impleaded as respondent no.3 in this petition. The application had been filed under Section 28-A of the Land Acquisition Act, 18942.
(2.) It transpires from the records of the writ petition that large tract of land was acquired by the Parishad for a scheme known as 'Kanpur Bhumi Vikas Evam Grihsthan Yojna Sankhya-1 including land situated in Gata Nos. 55, 82, 88, 90, 92 and 95 of village Mohisinpur, Tehsil and District Kanpur Nagar admeasuring 5-1-0 Bighas belonging to the father of Santosh Kumar. The notification under section 28 of the Uttar Pradesh Avas Evam Vikas Parishad Adhiniyam, 19653 was issued on 17 February 1973 and the notification under section 32 of the Parishad Act was issued on 27 February 1980. The award was made by the Special Land Acquisition Officer on 31 March 1986. It is stated that the father of the respondent no.3 did not file any application under Section 18 of the Acquisition Act. However, certain other persons filed reference applications under Section 18 of the Acquisition Act. One such reference application which was registered as Land Acquisition Reference Case No.49/70 of 1992 (Rameshwar & others versus State of U.P. & Another) was decided by the Reference Court on 20 May 2000. The Parishad assailed the award of the Reference Court by filing First Appeal No.964 of 2000 in the High Court, which was ultimately dismissed on 6 July 2012.
(3.) It also transpires from the records of the writ petition that after the award was made by the Reference Court on 20 May 2000 in LAR No.49/70 of 1992 (Rameshwar & others Vs. State of U.P. & Anr.), the father of respondent no.3 filed an application under section 28-A of the Acquisition Act on 11 August 2000 for re-determination of the compensation. This application has now been decided by the Special Land Acquisition Officer by order dated 4 March 2015 which has been impugned in this petition.;