- (1.) Land belonging to the petitioner, apart from the land held by Parmeshwar Charan, Sukhdeo Prasad and Mahadeo Prasad, was acquired for execution of Southern city Estension Scheme No. 11 (Vide notifications issued under Sections 43 and 60 of the Kanpur Urban Area Development Act) on October, 26 and November 2, 1946, and December 5, 1956, respectively, for acquisition of land of village Usmanpur. Award was given by the Special Land Acquisition Officer on March 30, 1955, and is award No. 43. Parmeshwar Charan, Sukhdeo Prasad and Mahadeo Prasad, who are legal representatives, made reference to the Nagar Mahapalika Tribunal, Kanpur, which gave its judgment on May 16, 1985, whereby the compensation awarded by the Special Land Acquisition Officer was enhanced in relation to land of those three persons. In so far as the petitioner is concerned, there was no reference made by him or at his instance. In view of Section 28-A of the Central (Amendment) Act, 1984, the petitioner made application on August 19, 1985, to the Special Land Acquisition Officer, Nagar Mahapalika, Kanpur, for the benefit thereunder being accorded to him and the compensation award being re-determined in the light of the decision recorded by the Tribunal dated May 16, 1985. Grievance of the petitioner is that the said application remains undisposed of till date.
(2.) As mentioned above, the decision by the Tribunal was given on May 16, 1984. The proviso to Section 28-A says that the application may be made within three months and that in computing this period of three months, within which an application is to be made to the Collector the day on which the award was pronounced and the time requisite for obtaining a copy of the award, shall be excluded. The application to the Special Land Acquisition Officer was made, as mentioned above by the petitioner on August 19, 1985. The assertion for the petitioner being that the land held by him and the three persons, aforementioned, was acquired under the same notification and that enhanced compensation has been given by the Tribunal in respect of the land held by those three other persons, the petitioner has approached the Special Land Acquisition Officer for benefit under Section 28-A being given to him as well.
(3.) In the circumstances we direct the Special Land Acquisition Officer, Nagar Mahapalika, Kanpur to consider and dispose of the application made by the petitioner dated August 19, 1985 (vide Annexure-B) expeditiously and so far as possible within three months from the date of the filing of a certified copy of this order before him.;