R.A. Sharma, J. - (1.) Petitioners are the owners of certain plots of land in village Rasiya, Pargana Kera Magror, Tahsil Chakia, district Varanasi. Their lands as well as the lands of various other persons were acquired under the Land Acquisition Act (hereinafter referred to as the Act) by the Government. Award under Section 11, determining the compensation to be paid for the acquired land was also made. Some of the land-holders being dissatisfied with the award got a reference made under Section 18 of the Act to the Court. The Court enhanced the compensation. The petitioners thereafter moved applications under Section 28-A of the Act before the Collector (Land Acquisition Officer) for enhancement of compensation of their land in accordance with the award/decree given by the District Judge on a reference under Section 18. Their applications were rejected on the ground of delay. That order was challenged by them by means of a writ petition before this Court, which was allowed vide judgment dated 18-9-1989, whereby directions were issued for deciding the petitioners' applications under Section 28-A of the Act on merit. Thereafter the Special Land Acquisition Officer vide his award dated 19-1-1993 enhanced the compensation of the petitioners' land in terms of the judgment given earlier by the learned District Judge on a reference under Section 18. By the said award after adjusting the amount already paid to them, a sum of Rs. 1,83,554.29 has been awarded in favour of the petitioners. As the aforesaid amount pursuant to the award dated 19-1-1993 was not paid to the petitioners, they made a representation dated 28-4-1993 to the District Magistrate/Special Land Acquisition Officer, Varanasi for payment. But even then the awarded amount was not paid. They thereafter continued to make representations and reminders in connection therewith. They also met the Collector/Special Land Acquisition Officer personally; but without any result. Ultimately they have filed this writ petition, praying for writ of mandamus, directing the respondents to pay them the amount awarded to them by order dated 19- I-1993 along with interest at the rate of Rs. 18% per annum.
(2.) This Court while entertaining this writ petition on 28-10-1993 passed an interim order, which is reproduced below, permitting the petitioners to approach the respondents with a copy of that order for payment of compensation : "Learned Standing counsel seeks time for obtaining instructions and filing counter affidavit. List the is petition for admission on 29- II-93 by which date the learned Standing Counsel may file counter-affidavit. The petitioners may approach with the copy of this order to respondent No. 2 for payment of compensation and in case the payment as aforesaid has yet not been made, he shall make arrangement for the same and the learned counsel for the petitioners shall intimate to this Court by the next date whether the said payment has been made or not." In spite of the above order the payment was not made to the petitioners.
(3.) Respondents have filed counter-affidavit and the petitioners have filed rejoinder affidavit in reply thereto. We have heard the learned counsel for the parties.;