Brijesh Kumar, J. - (1.) Heard learned counsel for the parties. Only a short legal question is involved in this petition.
(2.) The brief facts seem to be that some land was acquired for the purposes of the petitioner, namely, Firoj Gandhi Polytechnic, Ratapur Crossing City district Raebareli. On a reference, made under section 18 of the Land Acquisition Act the Court enhanced the compensation on the motion of some of the persons whose land was also acquired. After that enhancement it appears that the opposite parties moved application under Section 28-A of the Land Acquisition Act for redetermination of the amount of compensation on the basis of the award of the Court. The Collector, on rapt of the application under section 28-A of the Land Acquisition Act, referred the matter to tie Court for redetermination of amount of compensation. Third Additional District Judge Raebareli disposed of the application enhancing the compensation by his order dated 29-5-1989, a certified copy of which has been filed as annexure 3 to the writ petition.
(3.) The only ground pressed on behalf of the petitioner before us is that the Court had no jurisdiction to pass an order under Section 28-A of the Land Acquisition Act. Section 28-A reads as follows . "28-A. Redetermination of the amount of compensation on the basis of the award of the Court. (1) Where in an award under this part the Court allows to the applicant any amount of compensation in excess of the amount awarded by the Collector under Section 11, the persons interested in all the other land covered by the same notification under Section 4, sub-section (1) and who are also aggrieved by the award of the Collector may, notwithstanding that they had not made an application to the Collector under Section 18, by written application to the Collector within three months from the date of the award of the Court require that the amount of compensation payable to them may be re-determined on the basis of the amount of compensation awarded by the Court : Provided that in computing the period of three months within which an application to the Collector shall be made under this sub-section, the day on which the award was pronounced and the time requisite for obtaining a copy of the award shall be excluded. (2) The Collector shall, on receipt of an application under sub-section (1), conduct an inquiry after giving notice to all the persons interested and giving them a reasonable opportunity of being heard and make an award determining the amount of compensation payable to the applicants. (3) Any person who has not accepted the award under sub-section (2) may, by written application to the Collector, require that the matter be referred by the Collector for the determination of the Court and the provisions of Sections 18 to 28 shall, so far as may be, apply to such reference as they apply to a reference under Section 18.";